09th September 2023.
Kampala, Uganda – In a recent ruling by the High Court in Kampala, the Streams Of Life Church Limited, a renowned born-again church in the heart of the city, and its senior pastor, Gerald Mwebe, have been found guilty of fraudulent land acquisition. The court has ordered them to vacate the land they acquired unlawfully, identified as Busiro Block 498 Plot 34 and 35 in Buli, Wakiso District. Additionally, they have been ordered to remove any illegal buildings within three months from the date of the judgment.
This judgment stems from a lawsuit filed by Nakawombe Robinah and Nakityo Jane, administrators of the late Mirisento Nalongo Kidza’s estate. They alleged that the pastor and the church had forged land transfer documents to transfer the property into the church’s name. Furthermore, it was claimed that the church and its pastor had deceived the two administrators into signing sale agreements for the land, despite their limited understanding of English.
However, the court rejected the argument that the two administrators were illiterate, as evidence presented by the church’s legal team showed that they had previously signed documents in English when acquiring letters of administration. Even the minutes of family meetings were recorded in English.
The presiding judge, Honourable Justice Bernard Namanya, emphasized that, “A forged transfer deed is a nullity and has no legal effect. The moment that fraud is proven, it unravels everything, including contracts and judgments.”
Both the sale transaction and the subsequent transfer of the land were declared invalid. Justice Namanya stated, “No court of law in this land shall allow a fraudster to profit from the fruits of his or her fraud. This is in furtherance of the rule of law, honesty within society, and just adjudication of disputes. Consequently, the sale agreement for land comprised in Busiro Block 498 Plot 34 and 35 at Buli, measuring approximately 12.20 hectares, between the plaintiffs and the 2nd defendant, dated 30 July 2008, is rescinded on grounds of fraud. The entire transaction for the sale of land from start to finish is unraveled by the fraud.”
In addition to vacating the property, Streams of Life Church and Pastor Gerald Mwebe have been ordered to pay Nakawombe Robinah and Nakityo Jane general damages of 25,000,000 Ugandan Shillings each for their occupation of the land without permission. The court has also imposed a 15% per annum interest rate on the general damages and mesne profits from the date of judgment until full payment is made. The church and the pastor are further obligated to cover the costs of the suit.
Nakawombe Robinah and Nakityo Jane were represented by Ms. Zawedde Lukwago of Zawedde Lubwama & Co. Advocates while Streams Of Life Church Limited, and its senior pastor, Gerald Mwebe were represented by Mr. Isaac Walukaga of MMAKS Advocates.
