The High Court has fined Sheikh Shaban Mubajje, the mufti of Uganda, Shs 70 million for unlawfully trying to take over a piece of land that belongs to Alliance High School in Nansana, Wakiso.
The ruling, delivered by Justice Grace Flavia Lamuno on September 26, 2025, came after the case proceeded without Mubajje and Aisha Kayongo (the defendants), who failed to appear in court despite being served.
The dispute traces back to competing claims over a piece of land in Kyadondo Block 203. Alliance High School purchased the land in 2018 from a seller named Katongole Muhammed, who had acquired it from the original owner, Kamada Ssenyonga (also known as Ssenyonga Ahamad).
The school conducted checks with local authorities, neighbours, and the Buganda Land Board, which confirmed Katongole’s legitimacy. After the purchase, the school fenced the land with eucalyptus and bamboo trees, obtained a lease from the Buganda Land Board, and began using it as part of its premises, including as a sports field and for cultivation.
Tensions escalated in 2021 when Sheikh Mubajje and Kayongo allegedly entered the land without permission.
According to court documents, Kayongo dumped building materials on the site in May 2021, intending to construct there, while Mubajje reportedly confiscated the school’s materials in July 2022 and had them taken to Nansana Police Station. The school reported these incidents as criminal trespass, but police allegedly hesitated to act against Mubajje due to his status.
Mubajje and Kayongo denied the allegations in their defence, claiming the school had forcefully occupied their land.
They filed a counter-claim, asserting they had a prior sale agreement dated March 23, 2013. They sought to cancel the school’s title, declare themselves the owners, and demand refunds or specific performance of their alleged deal.
The case proceeded ex parte (without Mubajje’s participation) on June 26, 2025, after multiple adjournments and their unexplained absence, despite an affidavit confirming service.
In court, Alliance High School presented evidence including its sale agreement, certificate of title, lease from the Buganda Land Board, and testimonies from eight witnesses (such as local council chairpersons, neighbours, and employees). These confirmed the chain of ownership from Ssenyonga to Katongole to the school. A police statement from Ssenyonga himself denied selling to Mubajje and Kayongo. The court visited the site and noted the school’s established use, with no signs of prior defendant occupation.
Witnesses described Mubajje and Kayongo’s actions in 2021 and 2022, including dumping materials and seizures. Photos and police reports supported this. The court ruled that, without ownership rights, their entry constituted trespass.
The burden of proof was on the school, which met the civil standard of “balance of probabilities”. Mubajje and Kayongo’s counter-claim was dismissed for lack of evidence, as they did not participate.
Justice Lamuno emphasised legal principles from the Evidence Act and precedents, noting that registered titles are protected unless fraud is proven – which was not the case here.
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The court then issued a declaration confirming the school as the rightful owner; a declaration that Mubajje and Kayongo’s actions were trespass and a permanent injunction barring Mubajje, his agents, or anyone acting on his behalf from entering, harassing, or interfering with the land.
The court awarded the school Shs 70 million in general and exemplary damages to punish Mubajje and Kayongo’s conduct, plus 10% interest on damages from the judgment date until full payment.
The ruling allows the school to continue operations without fear of interference, potentially setting a precedent for similar disputes involving religious or influential figures.
For Mubajje and Kayongo, the loss is significant. Their counter-claim was dismissed without costs but they must comply with the injunction or face further legal action. They could appeal, but the ex parte nature might complicate this, as they would need to explain their absence.
