The Land Division of the High Court judge has ordered Dr Freddrick Njuki a witness to present documents to prove his Ugandan citizenship in the case where Watoto Child Care ministries is accused of illegal acquisition of a 179-acre land in two villages in Wakiso District.
Justice Christine Echookit Akello issued compelling orders against Dr Njuki, a witness and also a complainant in the land case against Watoto Childcare Ministries.
Dr Njuki who was appearing in court for cross-examination regarding his sworn statement regarding ownership of the land sued Watoto Childcare Ministries jointly with his brother, Steven Ian Nsubuga, Ann Nsubuga and the Commissioner for Land Registration.
Justice Akello’s order overturned an earlier disWmissal of a similar application to compel Dr Njuki to present his citizenship documents.
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Justice Philip Odoki, one of the judges who presided over the case that has spanned 13 years in the court system, had dismissed the application made by lawyers Ronald Oine and Lastone Gulume who represent Watoto Childcare ministries.
The shocking orders against Dr Njuki come after the same court allowed new documentary evidence which indicate that Watoto Childcare Ministries is a foreign company that has no legal right to acquire and or own mailo land in Uganda.
Oine and Gulume claimed that Dr Njuki lost his Ugandan citizenship by the time he applied and received an American citizenship insisting that by the time he received the American citizenship, the Ugandan parliament had not yet passed the law allowing dual citizenship.
However, Dr Njuki’s lawyers led by Francis Tumwesige protested the application reasoning that the matter which Oine brought before the court had since been determined by Justice Odoki who overruled him.
He added that when the file was removed from Justice Odoki and handed over to Justice Bernard Namanya, Oine again filed the same application and no orders were made which stalled the case because the file was being moved to another judge.
Tumwesigye was supported by Dr Njuki who was appearing in court via Zoom. However the judge noted that the application is very crucial to the proceeding of the case explaining that court should first know whether Dr Njuki is a Ugandan.
The judge directed Njuuki to provide certified copies of the application which he used to apply for Ugandan citizenship and the respondents when confirming his citizenship.
He was also directed tlhim to provide to court his Ugandan passport or the National identity card to prove his citizenship.
However, Dr Njuki insisted that these are tricks being played by his elder brother Nsubuga and Watoto Childcare Ministries to shield their fraudulently scheme to grab his land.
Dr Njuki told court that some of the documents were removed from court record by his former lawyers without his knowledge and that it is the reason he brought new lawyers to prosecute his matter.
According to court documents, Dr Njuki alleges that Watoto Childcare Ministries purchased the land in question from Nsubuga who was not in full ownership of the land and thwy attempted to forcefully takeover the land despite his several warnings to him concerning his fraudulent acts.
In June 2012, Dr Njuki sued Watoto Childcare Ministries for illegally acquiring the land in question from his brother Nsubuga who sold it using forged papers.
He sued Watoto Childcare ministries jointly with his brother, Nsubuga, Ann Nsubuga and the Commissioner for Land Registration over the alleged fraudulent dealings on his late father’s land.
It is alleged that the transactions between Nsubuga and Watoto were tainted with fraud and illegalities and that the organization, Nsubuga and Ann Nsubuga all participated and were privy to the transactions complained about.
“The plaintiff (Dr Njuki) shall aver that since the entry on the register of the names of Steven Nsubuga and the organization was effected by the fourth defendant (Commissioner Land Registration), the fourth defendant should be ordered to cancel all the said entries and reinstate the names of the plaintiff’s father Eric Gganja Kiyuba Njuki as the registered proprietor and it is from such registration that the plaintiff would acquire his interest or portion of land,” a court document reads.
He wants court to declare that he is the legal owner of 50 percent of the disputed land at Lube and Sekomangwa in Kakiri, Wakiso District.
Dr Njuki is seeking for a court declaration that the registration of the organisation in the suit land and subsequent transfer of the said land into the names of Watoto was erroneously and fraudulently procured and hence must be cancelled.
He is also seeking for an order of court restraining all the accused parties, their agents or persons deriving from them from interfering with the suit land in the manner likely to affect the interests of Dr Njuki.
However, Watoto denied any wrongdoing saying the case does not raise any action because in 2010, they desired to purchase eight plots at Lube Village and two plots and when they immediately visited the land and opened boundaries; they verified that there were no squatters.
“That the Watoto Childcare Ministries thereafter conducted searches at the Land registry in regard to the suit land and all the plots of land were in the name of the second defendant (Steven Nsubuga),” reads the defense adding that no person objected to the process of opening boundaries.
Through their lawyers, Watoto contends that it continues to suffer disruption of its activities owing to its lack of quiet possession of its property statements issued by the plaintiff against it.
Watoto Childcare Ministries also filed a counterclaim against Nsubuga seeking for a refund of Shs800 million with a 30 percent interest.
