By Our Reporters
After a tumultuous 2017 in which Kabaka Ronald Muwenda Mutebi II had a series of cases filed against him, the Buganda king can now afford a smile as his adversaries are slowly losing the grip. In the past one month, Kabaka Mutebi’s lawyers have neutralized his tormentors in court with the most recent victory coming with the dismissal of a high-profile case where descendants of Sir Daudi Chwa II wanted court to declare that the Kabaka has no claim to the 350 square miles of kingdom land. Losing this case would significantly degrade the Kabakaship as much of the clout that makes Ronnie Mutebi Uganda’s most influential king derives from the control he is renowned to have on land throughout his kingdom-and more so the 350 square miles (aka olusuku lwa Kabaka). This victory came on the heels of Kabaka’s triumph in the case where Male Mabirizi Kiwanuka sued him challenging the legality of Buganda Land Board and its mandate to register and collect a range of fees from tenants on kingdom land. The same court had previously erroneously permitted Mabirizi to recover Shs10bn from the Kabaka, an anomaly that has since been rectified by Justice Henry Peter Adonyo.
THE CHWA CASE
In this very month (June 2018), Justice E Keitirima of the Land Division of the High Court dismissed civil suit No 316 of 2017 filed by Chwa’s family descendants after the applicants and their lawyers failed to show up for the case hearing. This followed a year-long back-and-forth struggle between the two parties.
This battle started on 4th May 2017 when Prince David Nnamugala and two others sued the Attorney General, the institution of the Kabaka of Buganda and two others seeking a permanent injunction prohibiting them from interfering with the said 350 square miles. Signing off as administrators of the Chwa estate, the trio claimed that the central government, Kabaka, Uganda National Roads Authority (UNRA) and the Commissioner Land Registration were illegally transacting and utilizing the said land.
In their application, Chwa’s descendants insisted that during the 1900 Buganda Agreement, the 350 square miles were given to Sir Daudi Chwa II as an individual, but not the institution of Kabakaship in Buganda. They, therefore, wanted court to order Buganda kingdom to revert management of this estate to them.
On 7th May 2017, court summoned all the four defendants requiring them to file their defenses within 15 days. Kabaka’s lawyers of K & K Advocates swiftly filed a defense. In an unlikely turn of events, the Chwa descendants filed a notice of withdrawal of the case signed by Prince Moses Kimera Luswata and Nnalinya Gladys Nandaula.
But a week later, the lawyer for the Chwa family (Godfrey S Lule) made another U-turn and signed a consent in the presence of the second and third plaintiffs that the suit with the attendant applications arising thereof be set for hearing. They also agreed that “any amendments to the pleadings be handled later as the parties and their counsel shall agree and that the notice of withdrawal be withdrawn.” Lule signed on behalf of the plaintiffs while one John Chris Bakiiza signed on behalf of the defendants. But according to a source privy to the proceedings, this was grossly irregular since Bakiiza did not represent any of the defendants. The consent was, therefore, rejected by court and the plaintiffs were advised to apply to the trial judge for reinstatement of the suit, which they did on 15th June 2017.
On 28th March 2018, in the presence of the applicants’ counsel Godfrey Lule, the matter was adjourned to 6th June 2018 for hearing. But when Justice John E. Keitirima convened court on that 6th June date as earlier scheduled, only Kabaka’s lawyers Kiryowa Kiwanuka and Esau Isingoma were present for proceedings and the judge succinctly dismissed the case with costs. That is how Kabaka managed to overcome the challenge that was initially posed by the Chwa family and their never ending claims.
THEN ENTER MABIRIZI
While Kabaka was successfully fending off the Chwa family on the one hand, there was Male Mabirizi on the other. In 2016, the controversial young man filed a civil case No 162 of 2016 where he wanted court to declare illegal the actions of the Kabaka of Buganda (through his agent Buganda Land Board) of requiring compulsory registration on all people on the official Mailo and at a fee. He also challenged the collecting a 10% charge on the sale value of Kibanja of the Mailo land and asked the same to be declared illegal. In the same way, Mabirizi also challenged the BLB requirement on individuals with Uganda Land Commission leases to re-apply to BLB him. He wanted court to declare this illegal too.
As the main suit was being considered, a series of applications, appeals, counter applications and judgments kept coming up: all in regard to Mabirizi’s claims.
KABAKA TRIUMPHS:
But the most recent triumph for Kabaka’s lawyers, led by Counsel Christopher Bwanika, was court’s decision to order Mabirizi to stop leaning on unnamed tenants on Kabaka’s land. He was asked to instead file an individual case against Kabaka with proof that he is personally affected by his litany of claims against Kabaka. “In order for the applicant’s assertions to be believed, he has to discharge his evidential burden by showing that he has an interest in the land which the respondent in holding on behalf of the people of Buganda by upon such assertions being put to test in court,” reads part of Justice Henry Peter Adonyo’s 25th May 2018 ruling. “That right is individual and the applicant has to prove it in his own right. He cannot claim to represent others who are unknown to court. If indeed he represents a group of persons, then he has to prove to court that he has authority from the group,” Adonyo added in his ruling affecting seven applications by both parties. There have also been contestations on the bill of costs with Mabirizi at some point asking for Shs10bn in costs as a person because Mabirizi has, all this time, been proceeding without legal representation. However, in his ruling Justice Adonyo ordered that all costs will be considered upon the conclusion of the main suit filed by the same Mabirizi against the Kabaka. “I further order that all issues relating to the taxation of any bill of costs await the conclusion of the main suit from which all these matters arise and not at interim levels,” he ordered. According to Barnabas Ndawula, the head of Legal Services at Buganda Land Board, this decision literally clipped Mabirizi’s wings. “That ruling means that, first, Mabirizi has to file the case again in his individual capacity. And between now and the end of the main suit, there will be no considerations for costs which weakens him because costs are his main target,” he said. Sarah Langa Sui had earlier awarded costs to Mabirizi immediately after the Kabaka had successfully applied for stay of execution of the order for discovery and inspection of the accounts of Buganda Land Board. Although Kabaka was successful in this application, the costs were curiously awarded to Mabirizi, who consequently asked for a whooping Shs10bn. Mabirizi wanted the money immediately but Adonyo’s 25th May decision means all this will have to wait till the end of the main suit. Court also ordered that taxation of the Shs10bn should go back to the taxing officer for review. According to Kingdom insiders, these recently-won victories can only embolden the BLB legal team under the able stewardship of Barnabas Ndawula to keep up the resilient fight to use courts of law to protect the interests of the Kabaka and by extension those of his people.
For comments, call/text/whatsapp us on 0703164755.
