NFA, businessman fights for forest land in Masaka town

A long-running dispute over ownership of the Kumbu Forest Reserve in Masaka town has taken a new turn, pitting a businessman against the National Forest Authority (NFA).

The disputed land, located in Kijjabwemi Cell, a suburb of Masaka, has been at the center of a heated court battle.

According to court records, the land in dispute comprises Folio 40 Plot 3, Plot 8, 5B and 7, among others, registered in the name of Jimmy Lutaya. The land previously housed Vi Agroforestry Uganda offices, a primary school, residential houses and a hide and skin factory.

The businessman who claims to have secured land from the Masaka District Land Board has dragged the NFA to court for trespass and malicious damage to property among other charges after NFA officials raided their land about five years ago and they confiscated the equipment they were using to clear the land.

While appearing before Masaka Chief Magistrate Aloysius Natwijuka Baryeza last week, one of the NFA’s witnesses, John Dissi, a Geographical Interpreter System (GIS) expert, told the court that by checking the coordinates of the trial land, he discovered that he was in Kumbu. Northern Forest Reserve.

Mr Dissi again told the tribunal on Monday that the forest reserve (Kumbu North) was classified as a peri-urban forest reserve to provide firewood to city dwellers and to protect neighboring wetlands as buffer zones.

“People in several parts of the country have encroached on forest reserves and continued to obtain land titles, over 100 titles have been irregularly issued to people in the wetlands and the NFA is working closely with the line ministry to ensure that these titles are cancelled. , and the process is ongoing,” he added.

During cross-examination, counsel for the plaintiffs, Marufu Waduka, asked Dissi if he knew that the land had been developed with several buildings and nothing on the land could show that it extends into a forest reserve as they claim.

Mr. Waduka told the court that the disputed land has been used and transferred (owned) by different persons since 1947, wondering how the forest authority could claim that such a place is a forest reserve without any trees as the entire area is covered of different structures.

However, Mr Dissi said that it is not necessary that a forest reserve should have trees, adding that it (the forest reserve) is sometimes land intended for forest expansion and can be a pasture, a forest or a wetland.

Defense lawyer Judith Ndagijje told the court they had more witnesses to present and asked for an adjournment.

Presiding Magistrate Natwijuka adjourned the matter to January 29, 2025 for a residential visit. The Kumbu Forest Reserve is adjacent to Nabajjuzi Swamp, which provides piped water serving Masaka town and its environs. There is a growing fear that the continued encroachment of the forest and destruction of the swamp will soon cause a water crisis in the area.