The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | Herman Galiwango, the Masindi district senior registrar of titles has rough time on Monday evening before the Justice Catherine Bamugemereire Land Commission.
Galiwango was appearing as a witness in the registration of a disputed piece of land in Lwengo District.
In 2016, Galiwango transferred land measuring 20 acres on Block 390 plot 11 in Bwami Village in Lwengo District from the name Edris Lutaya to Bukoto West Salaf Association-BUWESA.
He used transferred the land using a 2009 document indicating that the late Lutaya had donated the land to BUWESA to establish projects like schools and hospitals.
By the time of the transfer, BUWESA was not registered and therefore a nonexistent entity. BUWESA was registered in 2014.
The Commission Lead Counsel, Ebert Byenkya faulted Galiwango for transferring land and providing a title to a nonexistent association.
The Commission also faulted Galiwango for transferring the land of the deceased yet the transfer was not attested to.
The Registration of Tittles Act (RTA) requires that an instrument of transfer of land of a deceased like the case was for the 2009 document that the transfer is confirmed.
The Act requires that the transfer is attested to by a Justice of peace, an advocate, bank manager, medical practitioner, Ministry of religion authorized to celebrate marriages, any literate Chief at the rank of Gombolola Chief or higher rank or any person authorised by the Lands Minister by statutory Instrument.
Galiwango accepted responsibility, saying he over looked the matter.
According to Lutaya’s family, the deceased left a will recalling his donation to BUWESA and handed the land back to his children.
His son, Waswiila Lutaya, the heir to the estate, says after the death of their father in 2014, the family started tracing for any documents that could have been left by the late.
According to Waswiila, BUWESA emerged claiming ownership of their land. The family registered the claim and placed a caveat on the land the same year.
A list of the deceased’s children was included on the application for the caveat as the beneficiaries of the late Lutaya’s estate.
However, Galiwango didn’t register the caveat as that of the beneficiaries.
According to RTA, apart from a caveat lodged by beneficiaries, on behalf of beneficiaries and a commissioner, a caveat expires in 60 days after notification of the contesting parties.
Galiwango took responsibility for all his misdoings and asked the Commission that he testifies on the matter.
The Commission Chairperson, Lady Justice Catherine Bamugemereire asked for his address and contact to follow up on his commitment.
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