Two army officers have been sued in the High Court Land Division for fraudulently obtaining land in Kubuga Block 17 plot 229 at Rubaga.
The two brothers Charles Lwanga and Peter Sekidde petitioned court saying that their sister Brigadier Mildred Nakintu fraudulently procured registration of the said land which she later sold to Brigadier Eric Mukasa.
According to court documents, the land in question was owned by the late Kevina Namulondo who passed away in 2000 and the two brothers (plaintiffs) together with their sister (respondent) being the only children and beneficiaries to her Estate applied for and were granted letters of administration.
The two brothers claim that sometime in 1998, Brig. Nakintu in collusion with her husband, one Haji Halid Sembatya frequently obtained the certificate of title for the same land saying that their late mother was meant to execute a power of attorney giving her powers of selling among others.
“Unknown to the plaintiffs or their late mother, brigadier Nakintu purportedly sold and transferred the said land to brigadier Mukasa at a consideration of Shs5m alleging that she had only borrowed money from him,” reads part of the court documents.
Documents further indicate that in spite of Brig. Mukasa alleging to have purchased the said land in 1997, he has never taken possession of the same and at all times it has been occupied and is in possession of Lwanga who has constructed a house thereon.
The documents further indicate that upon obtaining letters of administration for the estate of their late mother, the plaintiffs asked their sister the whereabouts of the certificate of title, she informed them that it was with the 2 defendant as security for a loan.
However after conducting a search in 2013, the plaintiffs discovered that their sister purporting to act under the power of attorney had sold the said land to Brig. Mukasa at a fee of Shs5m.
The two brothers now want court to declare that Brig Mukasa fraudulently procured registration of the land and an order cancelling him from the register of titles as proprietor.