A new twist has emerged in the long-standing land dispute involving Watoto Childcare Ministries, after the High Court ordered Dr. Freddrick Njuki, a witness and complainant in the case, to present documents proving his Ugandan citizenship.
Justice Christine Echookit Akello of the Land Division of the High Court issued the order compelling Dr. Njuki to submit evidence of his citizenship. Dr. Njuki is a central figure in the case, in which Watoto Childcare Ministries stands accused of illegally acquiring 179 acres of land in two villages in Wakiso District.
Dr. Njuki, who appeared in court via Zoom for cross-examination regarding his sworn statement on the land’s ownership, sued Watoto Childcare Ministries jointly with his brother, Steven Ian Nsubuga, Ann Nsubuga, and the Commissioner for Land Registration.
Justice Akello’s directive reverses an earlier ruling by Justice Philip Odoki, who had dismissed a similar application filed by Watoto’s lawyers—Ronald Oine and Lastone Gulume—seeking to compel Dr. Njuki to prove his citizenship.
The controversial order followed the court’s acceptance of new documentary evidence suggesting that Watoto Childcare Ministries is a foreign entity with no legal right to acquire or own mailo land in Uganda.
Lawyers Oine and Gulume argued that Dr. Njuki lost his Ugandan citizenship when he acquired American citizenship, at a time when Uganda had not yet passed legislation permitting dual citizenship.
However, Dr. Njuki’s legal team, led by Francis Tumwesigye, objected, stating that the matter had already been adjudicated by Justice Odoki. He argued that the renewed application was an abuse of the court process, especially after the file was reassigned to different judges, including Justice Bernard Namanya, without any resolution.
Dr. Njuki, supporting his lawyer’s submissions, insisted that these repeated applications were part of a scheme by his brother Nsubuga and Watoto Childcare Ministries to derail the case and fraudulently claim his land.
Justice Akello, however, stated that determining Dr. Njuki’s citizenship status is crucial to the case. She directed Dr. Njuki to provide certified copies of his application for Ugandan citizenship and any documentation used in confirming his nationality. He was also ordered to submit either a Ugandan passport or national ID card as proof of citizenship.
Dr. Njuki claimed that some of the necessary documents had been removed from court records by his former lawyers without his knowledge. He explained this was why he hired new counsel to pursue the matter.
According to court documents, Dr. Njuki alleges that Watoto Childcare Ministries purchased the disputed land from Nsubuga, who was not its rightful owner, and attempted to take possession despite several warnings regarding the alleged fraud.
In June 2012, Dr. Njuki sued Watoto Childcare Ministries for illegally acquiring the land from Nsubuga using forged documents. The suit also names Ann Nsubuga and the Commissioner for Land Registration, accusing them of fraudulent dealings concerning his late father’s estate.
The documents allege that the transaction between Nsubuga and Watoto was marred by fraud and that both parties, along with Ann Nsubuga, were fully aware of the illegitimacy of the deal.
“The plaintiff (Dr. Njuki) avers that since the entry on the register of Steven Nsubuga and Watoto Childcare Ministries was made by the fourth defendant (the Commissioner for Land Registration), the fourth defendant should be ordered to cancel all such entries and reinstate the name of the plaintiff’s father, Eric Gganja Kiyuba Njuki, as the registered proprietor,” the court documents state.
Dr. Njuki seeks a court declaration affirming his legal ownership of 50 percent of the contested land located in Lube and Sekomangwa, Kakiri, Wakiso District.
He is also seeking an order cancelling the registration of Watoto Childcare Ministries on the land and preventing the defendants and their agents from interfering with the property in any way that could jeopardize his interests.
In response, Watoto Childcare Ministries denied any wrongdoing, arguing that the case lacks merit. They claim that in 2010, they purchased eight plots in Lube Village and two additional plots, and that boundary openings and registry searches confirmed the land was registered in Steven Nsubuga’s name with no squatters present.
“Watoto Childcare Ministries thereafter conducted searches at the Land Registry and confirmed that all the plots were in the name of the second defendant (Steven Nsubuga),” reads their defense. “No objections were raised during the boundary opening process.”
Through their lawyers, Watoto also claims the ongoing case has severely disrupted their activities due to lack of quiet possession of the land and repeated public statements made by the plaintiff.
In a counterclaim, Watoto Childcare Ministries is seeking a refund of Shs800 million from Nsubuga, along with 30 percent interest.
