By Sadique Bamwita
KAMPALA
The High Court Land Division in Kampala presided over by Justice Busingye Byaruhanga has acquitted Bujenje County Member of Parliament aspirant, Patrick Kasumba on charges related to land grabbing.
His acquittal was reached at after Court found out that his accusers acted fraudulently in regard to acquisition of a prime property located in the central business District of Kampala.
In her verdict delivered on November 12, 2025, Justice Immaculate Busingye Byaruhanga ruled that the accusers who include Brig Samuel Mutesasira Wasswa and businessman, Charles Ggingo Mujje never acquired any interest in the suit property located on Plot 1, Martin Road in Kampala.
The judge ruled that Brig. Wasswa acted fraudulently while attempting to acquire the suit property from the Departed Asians Property Custodian Board (DAPCB) because the late Col. Moses Kayima also known as Drago was the sitting tenant in respect of the suit property since he was in occupation and was collecting rent from the same.
“The sale of the suit property between the plaintiffs is invalid. The 2nd defendant’s cancellation of the sale of the suit property to the 1st plaintiff was lawful since the Expropriated Properties Act had come into force,” held Justice Byaruhanga before issuing an eviction order against Mujje from the disputed property.
Court records indicate that Mr Kasumba, a city lawyer attached to Ms Kasumba, Kugonza and Company Advocates, had been accused of fraud perpetuated in the transfer of land on plot 1 Martin Road in Kampala formerly owned by deceased soldier Col. Drago Nyanzi.
In the Civil matter, Senior UPDF soldier, Brig Wasswa and businessman Mujje had sued eight parties among them, the Attorney General, Departed Asians Property Custodian Board and the Commissioner for Land registration.
Other parties in the case include: Teopista And Jesus Holdings (U) LTD as well as the late Drago’s family members; Zaam Muyanja, Maureen Kamya, Abbey Kayima, Hamidah Kayima, and Amuran Kayima who were represented by Mr Kasumba.
Court also ruled that the Children of the late Col. Kayima also known as Drago were the right persons to deal in the suit property as beneficiaries of their late father (Drago) who was in occupation of the suit property and collecting rent as of 2006.
“The Late Drago was a sitting tenant on the suit land by virtue of occupancy and as such the suit property devolved on to his estate and as such the 5th-9th defendants’ claim for the property as the beneficiaries of the Late Drago was lawful,” Justice Immaculate Busingye Byaruhanga held.
Justice Immaculate Byaruhanga further dismissed fraud accusations reasoning that there is no sufficient evidence that the 1st defendant is guilty of any form of fraud while acquiring the suit property.
“Brig Wasswa bought the suit property from the Central Waste Management and not the 5th -9th defendants (Zaam Muyanja, Maureen Kamya, Abbey Kayima, Hamidah Kayima, and Amuran Kayima). Much as the transfer forms indicate that it is the 5th -9th defendants who transferred to the 1st defendant (Teopista And Jesus Holdings (U) LTD), the evidence of Maureen Kamya is to the effect that they signed blank transfer form while effecting transfer to Central Waste Management,” the court held.
The judge observed that the family of the Late Drago sold the property to Central Waste Management Limited on January 15 2013 and the latter sold the property to Teopista And Jesus Holdings (U) LTD on June 12 2013.
Court held that the documents used by Brig Wasswa and Mr Mujje are forged and that the 8th defendant (Hamidah Kayima) did not participate in the transactions and that the 8th defendant never participated by appending her signature on the sale to Central Waste Management.
Justice Byaruhanga ruled that Mr Mujje did not lawfully acquire an interest in the suit property, and that Brig Wasswa tried to acquire the suit property well knowing that the family of the late Drago was in possession of the same.
