High court throws out UMSC 646 – acre land dispute case
By Ahmed Idriss
The High Court in Masindi has struck out a land dispute case against the Uganda Muslim Supreme Council (UMSC), ruling that the suit was fundamentally defective and based on speculation rather than actual violations of rights.
The case, arising from Civil Suit Number 45 of 2023, saw 11 plaintiffs, led by Francis Tuhwerize, claim ownership of approximately 646 acres (one square mile) in Panyadoli B Village, Kiryandongo District. They accused the UMSC of planning to evict them and applying for a certificate of title, citing these actions as violations of their rights.
However, Justice Isah Serunkuma emphasized that the plaintiffs’ fears of potential eviction and alleged plans by the UMSC did not amount to a valid cause of action.
“Courts cannot entertain suits founded on speculation,” the judge said, noting that the plaintiffs failed to demonstrate that any right had already been violated.
He further faulted the suit for not clearly stating when the cause of action arose, a mandatory requirement under civil procedure rules.
The UMSC, through its lawyers Makmot Kibwanga & Company Advocates, argued that the plaintiffs’ case was frivolous and an abuse of court process. The court agreed, striking out the suit in its entirety and ordering each party to bear its own costs.
Genesis of the conflict
The disputed land, earmarked as Ranch 17A under the Bunyoro Ranch Scheme, is located in Kiryandongo Muslim District within the Bunyoro–Toro Muslim region.
According to the plaint, Tuhwerize alleged that he had purchased the disputed land in early 2023 from J.J. Otim, a former Presidential Advisor on Veterinary and Animal Husbandry Affairs. He later subleased portions of the land to ten other individuals, bringing the total number of applicants to eleven, with UMSC named as the respondent.
However, the applicants failed to attach any documentary evidence to substantiate the alleged purchase or prove lawful ownership of the land.
UMSC demonstrated that the disputed land was originally part of a larger five-square-mile property acquired in 1976. The land was intended for ranching activities involving cattle, sheep, and goats, with a broader plan to export livestock to the Kingdom of Saudi Arabia to serve the market during the annual pilgrimage to the holy cities of Makkah and Madinah. This initiative collapsed following the overthrow of the late President Idi Amin.
Following the National Resistance Movement (NRM) government’s assumption of power in 1986, land reforms were introduced, including ranch restructuring. Under these reforms, the government took over portions of ranch land on the condition that owners would be compensated. This process affected several UMSC ranches across the country. In the case of Ranch 17A, the government took over four square miles, leaving UMSC with one square mile—the same portion later grabbed by Tuhwerize Francis in 2023.
When Kiryandongo Muslim District was carved out of Masindi Muslim District, Sheikh Shaban Ramadhan Mubaje, the Mufti of Uganda, directed the leadership of the newly created Muslim district, under Kadhi Sheikh Sulaiman Bwayo, to take all necessary steps to recover grabbed Muslim land, including the remaining portion of the disputed ranch.
When UMSC officials attempted to access the land, they were confronted by Tuhwerize, who falsely claimed to be a bona fide occupant. He petitioned the Office of the President, alleging that his life was in danger and claiming that Muslims intended to kill him in order to take his land.
The situation was later clarified when Gertrude Njumba, Head of the Land Tribunal in the Office of the President, visited the site and required both parties to present proof of ownership. Tuhwerize Francis failed to provide any evidence, while UMSC presented verifiable documentation.
Despite this, Tuhwerize and his alleged sub-lessees proceeded to file a court case claiming ownership of the land.
