Land dispute: Duop narrates draining experience in acquiring title deed

The land disputes in the capital Juba are the greatest malpractices that in most cases have resulted in the loss of lives and property.

This is mainly caused by a lack of proper land policy to protect both the land tenants and the owners.

The case between a renowned South Sudanese artist who doubles as the Vice President of South Sudan Artistes Union (SSAU), Duop Pur Duop, and the Director of Land Registry, Cosmos Juma is one of many cases facing several citizens in Juba.

Speaking to The City Review in an exclusive interview Duop said although he acquired his land in 2006 in Jebel South, he was again told in 2011 to acquire the land title deed from the Central Equatoria State Ministry of Physical Infrastructure.

Frustrated-looking Duop said the High Court in Juba has decided to refer his case back to Kator Court but he claimed it was not within his jurisdiction.

 “I have a land dispute which has been there for a long time since 2011. I have my land in Jebel South. I have been staying in that area since 2006. In 2011, we were told to acquire the land title. I did all the processes by going to the Ministry of Physical Infrastructure, Central Equatoria and they shared with me the procedures,” he explained.

He said his land was assessed and the result showed that no one owned it.

“They sent surveyors who made an assessment and they did not get anyone in the records to be occuping the place. They wrote back to the ministry confirming that Duop Pur Duop is the one now in place and no one else,” he explained.

“After getting all the documents in place, they asked me to go to judiciary to register my land and have the title deed.”

The dispute

In an attempt to follow the procedures of acquiring the land title deed, Duop said, he met the Deputy Director of the Land Registry, who instead of issuing the land title deed, claimed that the land belonged to his son.

“When the official was approached by one of the lawyers, the official said I do not have a land,” Duop continued.

He claimed that one time he found the official in their area at Jebel South talking to some land grabbers a day before their meeting in the court.

“They fought me in the court for some time until I was rescued by those whom I got there because I even went alone. This incident happened in 2012,” Duop said.

In 2017, Duop said he wrote a letter to the governor of the defunct Jubek State, and the governor directed the Ministry of Physical Infrastructure to resolve the dispute.

The artist said he presented the documents of his land but the official did not produce the title deed for the land he claimed to be for his son.

Duop said that the official claimed that besides him there was a third person claiming, which he said the official failed to disclose the third person.

“So, the ministry had to dismiss the third person in the case.”

However, Duop said the official later demanded the land to be divided into two but he refused. He stated that he was given some conditions either to divide the land, compensate or pay SSP 250,000 to the official.

“At that time, I had just returned from school, I didn’t have that amount of money. I was given three options to pay the money, compensate the land or divide the land. I went back to the governor and he wrote to the minister again to solve the problem but he was disappointed. He said, this land I will not give to you.”

The artist claimed that the official started hiring criminals to attack him as he struggles to seize a title deed from him.

Court ruling

In April 2021, Duop said he filed a criminal case against the Deputy Director of the Land Registry in Hai Mauna Police Station, and when three officials from the ministry of land were summoned, they admitted that the document was prepared for him (Duop).

“They were asked why they gave me the land, but they said one of the ministers threatened them that Duop should be given land. My paper was confirmed and then the official was summoned,” he narrated.

According to Duop, the investigator at the Gudele Police issued an arrest warrant for the state official but he was later released on bail and denied appeal as he was found guilty by the investigator.

He continued that the case was transferred to Gudele County Court in June 2021 and on December 23, 2021, the court ruled in his favour that the name of the official’s son would be changed in the title deed, and the court ruling was implemented.

“On December 23, 2021, the Gudele County Court ruled in my favour and they convicted the official for 6 months in prison under article 341 for using his power and inconsistency of fact presentation. He only had the title deed he was supposed to give to me and he was using it for claiming the land from me,” Duop said.

However, he said the official later appealed in Kator Court where the court ruling was suspended verbally while the file was still in Gudele court.

Duop said the official decided to appeal to the High Court in which the judges also suspended the case and told him to follow it up at Kator Court having checked the files.

Duop claimed that the official had been influencing the rulings on the case because he worked for the judiciary.

He said the case should be returned to Gudele Court.

“When I went to the high court, I found my case suspended and that I should continue with Kator court which is not my jurisdiction. Even the people from Gudele High Court are not aware, they are surprised about why the case was transferred to another area while they can handle the case,” he said.

“For me, I see that the court is being influenced by the official because he works together with the court, so I believe he is still using his power to go away with my land. I don’t want to stand in Kator Court because I don’t know what the official is planning for me. That is my point.”

Cosmos responds

When contacted, the official refused to comment saying he was not willing to speak to the media because the case was still in the court of appeal.

“Stop stop stop please, the case is in the court of appeal so please, I don’t have time to answer all those questions,” he said.

He stressed that Duop should first wait for the ruling of the court of appeal if he wanted to speak anything to the media.

“He appealed and there is another appeal in the court of appeal so, it is not the time to talk now. Tell him that. He knows the case is in the court of appeal and he is supposed to wait for the decision of the court, so I cannot talk now,” he said.