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Lawyer Mabirizi Lists 81 Grounds in Challenge against Kabaka :: Uganda Radionetwork
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Lawyer Mabirizi Lists 81 Grounds in Challenge against Kabaka

Last week, a panel of three Court of Appeal Judges overturned orders by High Court Judge Patricia Basaza that the Kabaka should provide Buganda Land Board bank statements from the year 1993, to facilitate the main case in which Mabirizi challenged the collection of land fees, known locally as busuulu.
Male Mabirizi at the Supreme Court in Kampala Offloading Court Documents

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City lawyer Male Mabirizi has raised 81 grounds of appeal in a petition challenging a decision by the Court of Appeal in a land registration suit against the Kabaka of Buganda, Ronald Muwenda Mutebi.

Last week, a panel of three Court of Appeal Judges overturned orders by High Court Judge Patricia Basaza that the Kabaka should provide Buganda Land Board bank statements from the year 1993, to facilitate the main case in which Mabirizi challenged the collection of land fees, known locally as busuulu.

The money collected by Buganda Land Board is mandatory for all tenants on Kabaka's land. But Mabirizi contends that Kabaka is only a trustee of the official mailo land and that all charges in this regard are illegal.

Judges Egonda Ntende, Hellen Obura and Ezekiel Muhanguzi, argued that the Kabaka was wrongly sued since he is neither a government nor an authority that can violate freedoms and human rights of an individual. They also stated that there was no proof to show that Mabirizi was representing many other people who were allegedly being affected by the compulsory land registration.

But this morning, Mabirizi formally challenged the decision by the Court of Appeal saying that the Judges erred in law when they read the judgment that was never dated and when they failed to deliver their decision within the 60 days required by law, yet they did not provide sufficient reasons for doing so.

 

//Cue in: "The judgment is…

Cue out: …out of time.”//

 

//Cue in; (Luganda) "Ekindese mukooti ensukulumu…

Cue out: …mu, High Court nagwo mufu". //

 

Mabirizi added that the Justices erred when they said that Mabirizi was representing the people of Buganda living on the official Mailo land, yet this was not one of the grounds raised in the appeal. He adds that the Justices erred when they granted a prayer of dismissing his main case in the High Court yet the Kabaka had only challenged the issue of availing bank statements and the details of the occupants of Mailo land since 1993.

This matter in the Supreme Court is yet to be fixed for the hearing. 

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