lawyers defend Muhakanizi’s Property
The Kampala Associated Advocates have released a Press Statement in response to the allegations made against the late Keith Muhakanizi by a one Geofrey Bwambizo. Herein below it reads:
We act for and on behalf of the family of the late Keith Muhakanizi under whose instructions we wish to respond to the allegations raised by a one Geofrey Bwambizo, as herebelow;
Reference is made to a video circulating on various social media in which Mr. Geofrey Bwambizo makes egregious allegations against the late Mr. Keith Muhakanizi, the former Permanent Secretary in the Office of the Prime Minister.
The allegations are in respect of property comprised in Kabula Block 64 Plot 20 land at Lulerema and Kasambya in Lyantonde District, which Mr. Bwambizo maliciously and falsely claims was stolen from him by the late Mr Muhakanizi.
As the lawyers who represented the late Mr. Keith Muhakanizi in a suit brought against him by Mr. Bwambizo over that same piece of land, we wish to dispel the blatant, baseless and malicious lies deliberately being peddled by Mr. Bwambizo against the deceased.
Mr. Geofrey Bwambizo was the registered proprietor of the land comprised in Kabula Block 64 Plot 20, located at Lulerema and Kasambya in Lyantonde District from 1986.
Mr. Bwambizo issued a Power of Attorney to M/S Kasambya Farm Estates Limited allowing it to mortgage the land to Uganda Commercial Bank (UCB) pursuant to a loan agreement. A mortgage was registered on the title under Instrument No. MSK70440 dated 13th March, 1989.
M/S Kasambya Farm Estates Limited failed to honour it’s loan obligations under the loan agreement and had an unpaid balance of UGX. 48,021,666 as at 30th March 1992.
Upon the acquisition of UCB by Stanbic Bank (U) Ltd and consequent upon the failure to service the said loan, this loan was classified as a non-performing asset and transferred to the Non-Performing Assets Recovery Trust (NPART). NPART had earlier been formed by an Act of Parliament to expedite the recovery of certain loans issued by UCB and whose recovery was overdue.
Through various letters to Mr. Bwambizo and M/S Kasambya Farm Estates Limited, NPART notified them that the loan had been transferred to NPART and all subsequent payments were supposed to be made to NPART. Mr. Bwambizo and M/S Kasambya Farm Estates Limited refused or failed to honour their obligations to NPART, prompting NPART to exercise its power of sale of the mortgaged property, under the law.
Subsequent to the failure and/or refusal of Mr. Bwambizo and Kasambya Farm Estates Limited to settle their indebtedness, NPART issued a notice in the New Vision newspaper of 23rd July 1996 notifying them, among other owners of the advertised properties, of the impending sale by way of auction.
Mr. Muhakanizi bought the land through the said auction on 23rd September 1996. This sale was confirmed by NPART vide a Sale of Assets Form dated 28th September 1996.
The late Mr Muhakanizi immediately took possession of the land around 1st October 1996 and transfer forms were executed in his favour by NPART on 6th January 2000. From that time, Mr. Muhakanizi enjoyed quiet possession for over 15 years until 2015 when Mr. Bwambizo sued him in the High Court, claiming to be the owner of the land.
2.0 The Suit & Cancellation of Bwambizo’s Title
Around May 2015, Mr. Muhakanizi found out that Mr. Bwambizo had illegally obtained a Special Certificate of Title to his (Mr. Muhakanizi’s) land. Mr. Bwambizo had stealthily removed the caveat which had been put on the Title by UCB, Stanbic Bank’s predecessors in title. Consequently, he had also registered a caveat on Mr. Muhakanizi’s land.
When Mr. Muhakanizi became aware of this fraud, he legally protested against the issuance of the Special Certificate of Title and removal of the caveat. Stanbic Bank, by a letter dated 6th August 2015, notified the Commissioner, Land Registration to withdraw the special certificate of title which had been fraudulently procured by Mr. Bwambizo.
On 18th September 2015, the Commissioner Land Registration notified Mr. Bwambizo’s lawyers of her plan to cancel the special certificate of title as well as the release of mortgage. She invited them for a public hearing on the matter. The public hearing was conducted and all investigations concluded. Mr. Bwambizo was found to have fraudulently procured the special certificate of title.
On 16th October 2015, the Commissioner Land Registration, wrote to Mr. Bwambizo, through his lawyers, informing him of the decision to cancel the special certificate of title on Mr. Muhakanizi’s land because the same had been issued in error.
On 14th October 2015, Mr. Geofrey Bwambizo sued Mr. Keith Muhakanizi and the Commissioner Land Registration under Civil Suit No. 75 of 2015, in the High Court. The suit was determined in Mr Muhakanizi’s favour and it was dismissed on 23rd February 2018. All the injunction applications made by Mr. Bwambizo that were intended to stop Mr Muhakanizi from possessing and developing the land were also dismissed by the High Court because they lacked merit.
3.0 Current Status of Kabula Block 64 Plot 20 Land At Lulerema & Kasambya In Lyantonde District.
For close to three decades, Mr. Muhakanizi’s occupation of the land has been peaceful and since the dismissal of the suit in 2018, he has been enjoying quiet possession of his land. His title and possession are not under any legal challenge whatsoever. Both in law and in fact, this land now belongs to his estate as the lawful owners thereof, and their title is unimpeachable. His family are entitled to use the land for any lawful activity, without any hinderance from Bwambizo or any other person.
Mr. Bwambizo’s actions and claims are not only baseless, malicious and unfounded but the same are also unfortunate, insensitive, callous and thoughtless. The video circulating on social media is an attempt to discredit a man that has done nothing apart from diligently serving this country and living an honest life. By launching his baseless attacks now, Mr. Bwambizo has timed a period when the deceased’s family is in mourning which goes against the African spirit of ‘’Ubuntu’’.
The Public should dismiss the false allegations made by Mr. Bwambizo with the contempt they deserve.
May Mr. Muhakanizi’s soul rest in eternal peace.