The Lawyers representing Buganda Kingdom Land Board have come up to warn Kassim Male Mabirizi to stop wasting his time while demanding for costs which were rewarded to him by High court in a matter that was later dismissed on grounds that it’s not proper before court.
This comes a few days after the High court judge Henry Peter Adonyo dismissed the case filed by lawyer Mabirizi where he was challenging Buganda Land Board for the payment of land registration fees of people staying on the Kingdom’s land.
In a letter signed by Kalenge and Bwanika company advocates dated November 2, 2018 copied to Kabaka’s private secretary, Registrars of Supreme court and court of Appeal ,Mabirizi is reminded that the cases from which he is demanding compensation were dismissed with costs by both High court and Court of Appeal therefore, he should prepare to pay instead of demanding.
“It was clearly stated by the court of Appeal that incompetent action can’t give birth to any rights which were resonated by High court on October 24, 2018 while dismissing your main case, “said the advocates.
Kalenge reminded Mabirizi that recovering costs in proceedings which are illegal and nullity in the law will lead to abuse of the legal system of Uganda.
“Finally you are warned to desist from continually being a nuisance and a serial abuser of the court process by peddling proceedings which are null and void in law and seek to gain from your wrongs .There is a limit to which you can be tolerated,” advocates warned.
In response, Mabirizi has insisted that he will not be intimidated by the those allegations but he is willing to continue pushing for his compensation
In a reply letter dated 8th November 2018 addressed to Bwanika and Kalenge advocates copied to the Registrars of supreme and court of Appeal, Mabirizi informed the lawyers that they have no powers to amend court decisions.
“I acknowledge the receipt of the letters but I ask the costs to be settled since there are no appeals,” said Mabirizi.
Mabirizi reminded Kalenge and Bwanika advocates of not telling him about filling costs against him because he already challenged the judgments in which Kabaka was awarded costs .He also advised them to wait until the matter is fully disposed off by the Supreme Court.
Mabirizi wants the Buganda Kingdom to pay him costs amounting to seventy eight billion, three hundred ninety five million four hundred sixty eight shillings originating from the ruling in which Kabaka was ordered to disclose Mabirizi with all documents he required in pushing his case.
However Kabaka appealed against the order and all the three judges ruled that Mabirizi didn’t prove that he is a tenant on the land where registration is being done neither does he posses any form of proof that he was representing the occupants of the land.
Mabirizi, a Buganda subject faults the Kabaka for levying registration fees ranging from shs100, 000 to Shs 600,000 from occupants of the kingdom land which he claims belongs to the public and the Kabaka just holds it in trust of his subjects.