An Irish national, David Michael O’Connel, has cried out after Mpigi Magistrate Court in Uganda ordered him out of a house, 10 plots of land and a farm worth billions of shillings after he bought the properties in the names of his Ugandan fiancée but could not prove that he is the financier behind, DailyMonitor reports
In her judgement delivered on Friday, September 10, Chief Magistrate Ruth Nabaasa held that court would not go into the nitty gritties of whether the money that Ms Catherine Nakawooza used to acquire 10 plots land, 10 acres of farm land at Namayumba in Wakiso District and a house worth billions were financed by Mr O’Connel.
“Merely being the financier of a land transaction for which another person becomes registered as the proprietor is not one of the legally recognised exceptions to indefeasibility of title under the Registration of Titles Act,” Chief Magistrate Nabaasa held.
“It seems moot and academic for this court to venture into analysing whether indeed it is the respondent’s funds (Mr O’Connel) that paid for the petitioners’ lands (Ms Nakawooza). I am aware that the petitioner (Ms Nakawooza) contested the nexus between the documentary evidence adduced by the respondent to prove that he was the source of funds for the petitioner’s land transactions,” she added.
“Nonetheless, owing to my findings in issue 2, I am satisfied that the residential home of the petitioner (Ms Nakawooza) where she ordinarily resides with her three issues, rightful belongs to her. An order doth issue restraining the respondent (Mr O’Connel) from accessing this home without the petitioner’s prior permission,” Ms Nabaasa ruled.
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Ms Nakawooza was represented by Mr Godfrey Rwalinda while Mr Mohammad Mbabazi was counsel for Mr O’Connel.
Court documents show that Mr O’Connel and Ms Nakawooza had a relationship starting around 2002.
The couple started staying together around the same time and later had three children.
According to court records, Ms Nakawooza led evidence to show that she solemnised a customary marriage with Mr O’Connel on January 25, 2014 in Bweyogerere near Kampala.
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