“Recently, somebody called me, some commissioner in Lands (Ministry of Lands, Housing and Urban Development) had taken it upon himself and cancelled some old man’s title. I called the PS (Permanent Secretary) Lands. How can a commissioner cancel a title? That is the work of the Court. But a public officer, goes on their desk and cancels someone’s title and puts another name.
What are we breeding? Let us be careful, sanity ends with us. The generation that is after us, probably will even sell this country. We need to start correcting people now. It is not too late, let us correct them. Let us chase them. Let us not give them a chance to enter the public service.”
Ms. Lucy Nakyobe Mbonye, Head of Public Service and Secretary to the Cabinet, in a video clip recorded and published by NBS Television.
I, for one, would like to know what action was taken against “some commissioner.” Was he chased?
And why is his boss referring to him as “some commissioner?” Why not name and shame the corrupt?
I digress, back to the point, Ms. Nakyobe, I am thinking, what about the thousands of old people who do not have that somebody who has access to high-level government officials, such as you, to intercede on their behalf and make that phone call?
I am thinking of my 70+ year old toto (mother), a widow, and thousands old widows such as her, who are battling with the very public servants who are employed and paid from taxpayer’s money to serve them.
Public servants who instead turn around to abuse their offices and to collude with criminal elements to commit crime.
Case in point, on 12th October 2023, at about 7:00 a.m., toto awakened to loud banging on her gate.
When she opened it, a horrible woman hurriedly entered her home and commanded her to receive summons.
The others in the horrible woman’s company stayed out of the gate, toto isn’t sure how many, but she recalls the horrible woman was not alone.
Who serves a 70+ year old widow summons at 7:00 a.m. in the morning? Really?
Anyway, having ever served at the Mbale High Court as a court assessor, toto had the presence of mind to indicate on her copy the time that she had received the summons, alongside her acknowledgement of receipt of the summons.
After receiving the summons, toto then hurriedly cleaned up, dressed up, and without having any breakfast, rushed to the Commissioner’s office. Obviously, she was panicked and distraught.
A major reason why she rushed to the Commissioner’s office is because the horrible woman who served the summons to her had made her sign on a single sheet letter without its attachments – “a copy of the complaint to enable you prepare your defence.”
Toto is the registered owner of her land in Mbale and she has a running lease of 49 years as from 1st September 1984.
What more proof does she need?
Nevertheless, cut the long story short. Eventually, after sitting around at the Commissioner’s office and being jerked around for hours, toto managed to obtain a copy of the complaint.
I have deliberately excluded the name and branding of the reputable law firm, because I honestly think toto’s tormentor hoodwinked them to represent him. And besides, when it came to their attention, they seemingly halted representation and they did not show up for toto’s interrogation by the Commissioners office, as per the summons. He showed up on his own, without legal counsel; while toto was present and represented by legal counsel.
In a nutshell, the entire process and the manner in which the Commissioner’s office executed summoning toto was repugnant – the time that she was served; delivering summons without the attachment; and the time-frame that she was given to respond to the summons.
“The Land Act provides for a statutory period of 21 days within which the registered proprietor is to respond to summons and in the instance case, our client was served on the 18/10/2023, only five days apart, which is totally unfair, illegal, irregular and contrary to the principles of natural justice.”
Okalang Law Chambers
By the way, prior to obtaining a copy of the complaint, toto already knew who the complainant was.
After all, it was not the first time that her tormentor, her step son, who came into her life as a young boy of about six years old and she raised, he who claims to be a lawyer, a grown man, 65+ years old, had done so.
Her tormentor had previously abused the Uganda Police Force to harass toto.
Read more about it in my blog post: “Investigations in Mrs Owaraga Mbale Land Case closed and Police Bond Cancelled.”
As Ms. Nakyobe accurately points out, a commissioner has no authority to cancel a title. Furthermore:
“It is trite and now settled law that the commission for land registration lacks jurisdiction to entertain any complaint hinged on fraud as fraud is a preserve of determination by the High Court.
Okalang Law Chambers
Knowing his office had no jurisdiction, still, with impunity, the commissioner instituted illegal proceedings, summoned toto and went ahead to interrogate her, albeit represented by her legal counsel.
He did so, moreover, knowing that, as of 30/12/2020, two months after papa’s death, the matter of toto’s land is a subject of litigation in the High Court of Uganda at Makindye (Family Division) Civil Suit No. 329 of 2020.
Yes, I challenged a forged will purported to be of my late papa; and among the matters before the judge to hear and determine is toto’s plea for her land to be declared not part of the estate of my late papa.
The defendants in Suit 329 of 2020 are the two witnesses who authenticated the purported will:
Mr. Ssebagala and Mr. IrigeiI (who also functioned as the custodian of the purported will).
And one of my older cousin brothers, Mr. Odulusi, whom I believe knows how the purported will came to be.
“The said suit has not yet been determined. Therefore, that issue is still awaiting determination in the High Court and is thereby sub-judice and consequently no other authority, including the Commissioner of lands can adjudicate on the same issue.”
Okalang Law Chambers
It is dumbfounding the extent to which the commissioner who summoned toto is either ignorant of the law or is deliberately abusing his office for criminal activity likely for personal gain.
Toto’s tormentor’s claim, the basis on which the Commissioner of lands summoned toto, in addition, is barred by statute of limitation.
“From 1989 till the year 2020 that is over 31 years till the death of the late George William Owaraga no claim was ever made against our client and now, a one son for selfish reasons is making a claim against the deceased’s widow that even his father did not do for over 31 years while he was alive.
A complaint made now in 2023, after 34 years, is absolutely time barred as it is in excess of 12 years provided in the Statute of Limitation Act.”
Okalang Law Chambers
Furthermore, it is befuddling that the Commissioner of lands did not query the illegitimacy for toto’s tormentor to bring his complaint against her.
“Silver Adowa lacks the locus standi to bring this complaint as he does not hold any letters of administration to claim under the estate of the late George William Owaraga more so that our client is also a beneficiary of the same estate being the lawful widow of the late George William Owaraga.”
Okalang Law Chambers
Dear reader, it is difficult to believe that there isn’t fishy business going on between the Commissioner of lands and toto’s tormentor. What do you think?
As we await the Commissioner of lands’ decision following their interrogation of toto, I ask your help.
Please bring toto’s case to the attention of Ms. Nakyobe, so the latter my swing into action, I hope – correct the Commissioner of lands and or chase him.
He seemingly should not have been given the chance to enter the public service, considering his significant ignorance of the law or his high propensity to violate the law of the land.
Thank you for your help.
Humanist 
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