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Lawyers and family members have strongly rubbished claims circulation on local news websites that Supreme Court has uphold the controversial settlement agreement on Dr Muhammad Buwule Kasasa’s multibilion Mutungo hill
Jabaru Luyima one of the lawyers representing the aggrieved family members and two Dr Kasasa’s administrators, Moses Kanyike Kasasa and Anwar Sempira Kasasa clarify that what was withdrawn from court was just two applications which has no effect on the main application
“It is unfortunate that respected people involved in this matter reached that extent, they are just desperate and wanted to mislead the public. They know very well that their settlement agreement cannot stand in the courts of law, but for us we are still focus fighting for Dr Kasasa’s wishes after his death” counsel Luyima said
He explains that after filing the main application challenging former Chief Justice Owiny Dollo’s settlement agreement which gave opportunity to Kabaka Ronald Muwenda Mutebi’s family also benefit on Dr Kasasa’s estate, also filed an interim of stay and temporary of stay applications
He further explains that because they were knowing very well the sensitivity of the matter they were handling and the prominence of the individuals involved with interests of grabbing the deceased’s estate, they wanted to secure a court orders staying the execution of Justice Dollo’s settlement agreement
However, when appeared before the supreme court for hearing of both applications, they were guided by the presiding Supreme Court justices lead by Five Justices of the Supreme Court led by Justice Percy Night Tuhaise, and others who include Justice Christopher Madrama, Justice Catherine Bamugemereire, Justice Mike Chibita and Justice Monica Mugenyi that the settlement which are being challenged is not yet registered on the Supreme Court record, so no order can be issued from it until it is registered meaning that we’re not necessary in their ongoing legal fight
Counsel Luyima said that because they wanted to save time so as their clients including school going children of getting justice quickly and benefiting from their father’s estate, through counsel Simon Kizza a longtime family lawyer decided to withdraw the said application so as Court only concentrate on the main application of putting aside Justice Dollo’s controversial settlement
Lawyers under the supervision of senior counsel Mwesigwa Rukutana the former Attorney General were supported by majority of Dr Kasasa’s children lead by his beloved daughter Dr Nulu Nakabonge Kasasa to confirm that are still united in fighting for their father’s estate which he sweat for and prevent it from being grabbed by scavengers
The ongoing troubles resulted from Justice Dollo’s mediation which kick-off in 2025 between a section of Dr Kasasa’s children including Sophie Nambalirwa Kasasa the heir, Sarah Nabuwule Kasasa, Janet Nakawunde Kasasa, Issa Kasasa together with the Administrators of the Estate of Sir Edward Walugembe Mutesa including Dorothy Nalinnya Nasolo, Nalinnya Sarah Kagere, Prince David Kintu Wasajja and the Attorney General Kiryowa Kiwanuka
Dr Nakabonge who was close to her father before his death, since the mediation kick-off, she put up a spirit fight insisting that what was being done was violating the will of her father especially Clause 4.4 which requires that for all material decisions to be made on his estate, the administrators and other beneficiaries should first consult and get approval from the family advisors who are Juliet Nakato and Dr. Sam Mayanja a seasoned lawyer who is also the state minister in charge of lands
Dr Nakabonge was supported by Dr Mayanja’s letter dated 27th October, 2025 to Dr Kasasa’s heir and other estate administrators, expressing his disapproval to the proposed terms in the controversial Dollo settlement stating that he was unable to understand why the estate of Dr. Kasasa would be required to compromise half of its Mutungo hill land measuring a square mailo as compensation to Mutesa Estate yet Dr Kasasa successfully defended the primary recovery suit and also defended its proprietary rights formally recognized by the Government.
In their application, applicants told Court that they attended the said mediation on September 24, 2025, and under protest, specifically raised the concern that they were being marginalized.
“Their objection was not to the concept of mediation per say but to the fact that substantive terms were being negotiated without their input. The same draft mediation Settlement Agreement which was shared with the Applicants during mediation sessions is the same Agreement which was finally signed despite the Applicants’ protest,” the submission reads in part.
Court documents further read that according to the available records, Dr. Kasasa acquired the said Mutungo hill land in 1978 and was recognized by the Court of Appeal as a bonafide purchaser and later the Government of Uganda itself entered into a Shs26.4bn compensation agreement for the same land.
“The 1st – 4th (the administrators of Mutesa’s estate) Respondents have not provided any legal or moral justification for surrendering half of this land. Their rationale “litigation fatigue “is not a valid ground to give away asset’s worth tens of billions of shillings,” the documents read.
Documents state that Kasasa bought the said land from Barclays Bank currently Absa and before he bought it, it was transferred from Mutesa, to Benjamin Kwemalamala, a top a tycoon in Masaka who mortgaged it and later registered it in the name of Victoria Properties Limited. Victoria Properties later failed to pay the loan they got from Barclays Bank which forced the bank to sell it to recover its money. Dr. Kasasa bought the land from Barclays Bank, now Absa.
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