Stakeholders Task Imve Tobacco Farmers Society to Produce Title of 175.0 Hectares of Land They are Claiming in Maracha District.
Story by Osuta Yusuf.
Maracha District.
21-November-2024.
Maracha District officials and concerned stakeholders have on Thursday 21-November-2024 tasked Imve Farmers cooperative society formed in 1963, to adduce the evidence and documents for the 175.0 hectares of land they are claiming in Oluvu clan, Agaii Town Council in Maracha Constituency, Maracha District.
According to Mr Adia Christopher the Chairperson of Imve Farmers Cooperative Society which was formed in 1963, that time when British American Tobacco (BAT) Ltd was the only Company in the business of Tobacco growing / selling in WestNile region, Uganda government decided to issue a directive for BAT Company Ltd to makesure farmers must plant trees in order to save the environment due to the enormous deforestation caused in the chain of Tobacco production.
He added that, because of that directive by the government, farmers ascribing to the Imve Cooperative Society volunteered their own lands on which BAT Ltd launched tree planting project and in 1973, BAT Ltd decided to handover the tree planting project to Imve cooperative society to continue with the implementation of the directive from the government.
It's believed that, it's from this point when Imve cooperative society decided to start application for certificate of title under Leasehold using its name but on the lands that were jointly volunteered by the individual farmers subscribing to the cooperative society.
However, based on the legal documents submitted and presented by the Lawyer representing Mr Embati Saverino, the land in question, measuring 175.0 hectares was indeed registered in the names of Imve Cooperative Society with a certificate of title under Leasehold Register Volume (LRV) 2217 V21, Plot 5, Block 1, Maracha County, Arua District with a lease of 49 years that is expected to elapse (expire) in 2043.
How Imve Cooperative Society lost the land to another owner was because, around 2007, a case was filed in High Court of Uganda, Arua, under civil suit number 16/2007, from which, Sixteen farmers some of whom were the landlords who gave the land to the society decided to drag Imve Cooperative Society to court.
It was said that, Imve Farmers cooperative society lost the case because, their Lawyer, by then represented by Counsel Madira Jimmy filed a defense out of time and he begged court to validate it but the request was rejected by the high Court.
It's from here that, Rtd Justice Kania fixed a date for the judgment and dismissed the case with costs against Imve Cooperative Society and he issued an order of attachment for sale of this land to pay for the costs in the litigation.
Through a Court Bailiff called Newmark Associates, Arua High Court gave instructions to advertise and auction the 175.0 hectares of land which was eventually bought by the successful bidder, a businessman in the names of Stanley Ogwayo.
After the purchase, the High Court then issued a consequential order, directing the Registrar of Titles at Lands to transfer the land from Imve farmers cooperative society to the name of Stanley Ogwayo.
It was at this stage that, the name of Imve Farmers cooperative society was deleted and a new certificate of title ownership was entered in the names of Stanley Ogwayo, who later on sold the 175.0 Hectares of land to Mr Embati Saverino and it's currently at the stage of transfer of certificate of title from Stanley Ogwayo to Embati Saverino.
Gerald Adomati, the Lawyer representing Mr Embati Saverino, wondered how Imve Farmers cooperative society which is upto date claiming ownership of the 175.0 hectares of Land can not produce the evidence and documents confirming them as the legitimate owners of the land.
In his response, Chairperson of Imve farmers cooperative society, Mr Adia Christopher commonly known as Ovua claimed that, they had certificate of title for this land but it was destroyed some years ago during a physical fight between the Tobacco farmers of the then British American Tobacco (BAT) Company Ltd and Mastermind Tobacco Ltd, a narrative that triggered laughter amongst the people in the meeting which was held on Thursday 21-November-2024 at Maracha District headquarter boardroom.
While advocating for peaceful harmonization of the problem, the Maracha District NRM Secretary, Annet Lyndah accused the cooperative society Chairperson Mr Adia Christopher of having interests in the whole issue.
Hon Mbaku Samuel, the LC3 Chairperson for Obiba Sub-county who also doubles as a member of Imve farmers cooperative society, upon carefully listening and analyzing the submissions of both parties, decided to withdraw himself from the contentious issue and he advised his Chairperson for the society, Mr Adia Christopher commonly known as Ovua, to withdraw himself from pursuing the issue.
Secretary for security in Maracha District Council, Hon Waga Charles while castigating the physical violence against Mr Embati Saverino over the 175.0 hectares of land, attributed it to ignorance for the law by some members of Imve Cooperative Society who contunued to protest and incite some youths over the land.
The Imve Cooperative Society Chairperson, Mr Adia Christopher who began his opening submission in Thursday's meeting by saying the 175.0 hectares of land belongs to them as a society, later in the middle and in closure of the meeting, changed his statement, that, they are not claiming the land but rather they are just claiming the trees their cooperative society farmers planted on it, a submission which was invalidated by the Lawyer who clarified that, under the Law of Uganda, a person who owns land owns everything on it and underneath, except minerals in it.
Resident District Commissioner for Maracha District, Hajji Ramathan Wulugembe affirmed that, their decision as Maracha District officials is not going to overturn the High Court judgement over that 175.0 hectares of land but they are going to make sure, there is harmony and peaceful coexistence amongst the conflicting parties.
The RDC vowed to penalize whoever may want to incite the Youths to cause violence or bloodshed after their decision on the land conflict which may be decided in the upcoming meetings for the issue.
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