Jovia Akandwanaho: High Court Dismisses Fraud Claims Against Saleh’s Wife in Nabigirwa Swamp Land Dispute
The High Court has dismissed a land dispute filed against Jovia Akandwanaho by the Registered Trustees of the Uganda Brothers of Christian Instruction, Namuli Galiwango Teopista and Mubiru Chris Galiwango, administrators of the estate of the late Charles Galiwango, and Fred Bugembe.
Justice Flavia Nabakooza ruled that the plaintiffs had failed to prove lawful or bona fide occupancy of land in Nabigirwa Swamp, LRV 1629 Folio 23, Block 409-420.
Akandwanaho is the wife of Gen. (Rtd) Caleb Akandwanaho, also known as Salim Saleh, brother of President Yoweri Museveni.
The plaintiffs claimed they acquired portions of the land in the 1970s, developed them with buildings, crops and eucalyptus trees, and occupied the property for more than 25 years. They accused Akandwanaho of entering the land in 2004, cutting down trees, destroying crops, blocking access roads to public wells and beginning construction without consent. They asked court to cancel her certificate of title, declare them lawful occupants, issue a permanent injunction and award damages.
Akandwanaho denied the allegations, saying she lawfully purchased the property for value, obtained a valid certificate of title and took possession without notice of any competing claims. She argued the plaintiffs had no recognizable interest and that her actions were undertaken lawfully with knowledge of relevant authorities.
In her judgment delivered on October 6, 2026, Justice Nabakooza found that the land was held by the Uganda Land Commission at the material time and that any lawful acquisition required compliance with statutory procedures.
The court found no evidence that the plaintiffs issued the required notice to the Uganda Land Commission before transferring or acquiring the alleged kibanja interests.
“The record lacks any evidence demonstrating that the requisite notice was issued to the Uganda Land Commission prior to the purported transfer of the bibanja interests to the plaintiffs. Consequently, I find as a fact that no such statutory notice was given, thereby rendering the alleged transactions null, void ab initio, and incapable of conferring any lawful interest upon the plaintiffs,” the judge said.
The court also rejected allegations that Akandwanaho had obtained her title fraudulently, holding that the plaintiffs had failed to prove the particulars of fraud pleaded.
“Having evaluated the evidence as a whole, I am not satisfied that the plaintiffs proved any of the particulars of fraud they pleaded against the defendant,” Justice Nabakooza said.
The judge said Akandwanaho had satisfactorily demonstrated that she held a valid certificate of title and had acquired the property for valuable consideration from registered predecessors-in-title.
She further found no evidence of bad faith or fraud on Akandwanaho’s part and that the plaintiffs had no subsisting legal interest in the land when she purchased it. The court concluded the plaintiffs failed to discharge the evidential burden of proving they were lawful or bona fide occupants.
“The plaintiffs possess no recognizable interest in the property. Consequently, they are not entitled to any of the remedies sought in their plaint, and their claims fail entirely. I dismiss this suit with costs,” the judge ruled.
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Reported by businessfocus.co.ug.
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