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Mabirizi Appeals Against Judgment in Kabaka's Case :: Uganda Radionetwork
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Mabirizi Appeals Against Judgment in Kabaka's Case

Mabirizi states that the judges failed to indicate the dates when their judgments were written, which he says is unlawful. He says the judges are required to show when the judgment was delivered given that some court orders operate within a specific time frame.
Kabaka's Subject Male Mabirizi who dragged him to Court

Audio 2

Male Mabirizi has petitioned the Supreme Court challenging the Appellant Court decision overturning High court orders directing Kabaka Muwenda Mutebi to provide him bank statements relating to the compulsory Mailo land registration fees.

 

 

It comes a day after a panel of three Court of Appeal judges overturned orders issued by High Court Judge, Patricia Basaza requiring the Kabaka to avail Mabirizi with the bank statements.

 

 

The Judges argued that Mabirizi didn't prove that he was representing other people whose freedom and rights to property had been violated by Kabaka's decision to charge them between Shillings 100,000 and 600,000 for compulsory land registration.

 

The Judgment was in response to an appeal filed by Kabaka's lawyers led by Christopher Bwanika challenging the High Court orders. This morning, Mabirizi filed an application before the Supreme Court showing that he is dissatisfied with part of the judgment and orders. 

In his application, Mabirizi cites 44 errors made by the Court of Appeal Judges in their judgment. Mabirizi states that the judges failed to indicate the dates when their judgments were written, which he says is unlawful. He says the judges are required to show when the judgment was delivered given that some court orders operate within a specific time frame.

 

Mabirizi also says the panel failed to determine the matter of costs in relation to the orders issued by Justice Remmy Kasule. In his May 9th, 2018 orders, Justice Kasule directed the Court of Appeal judges to refer to the cases filed by Kabaka against Mabirizi in 2017 and determine who was supposed to pay the costs.

 

However, Mabirizi contends that the justices didn't look at the petitions filed by the Kabaka against him. Mabirizi also faults the judges for going ahead to determine the appeal even after noting that it was incompetent since Justice Helen Obura and Ezekiel Muhanguzi didn't agree with Justice Fred Egonda Ntende.

 

 

//Cue in: "First of all…

Cue out:…determined the appeal".//

Luganda Audio

//Cue in: "Ekirala abaramuzi Hellen…

Cue out: …yakutekayo munaku sanvu".//

 

 

Mabirizi also argues that the Court of Appeal judges strayed from the issued by both parties and proceeded on their own matters. He now wants the Supreme Court to order Kabaka to produce the particulars of the people living on Mailo Land and the details of the money collected from them since 1993.  Court is yet to fix a day for hearing the matter.

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