The Court of Appeal has granted an appeal filed by the Kabaka of Buganda Ronald Muwenda Mutebi II, in which he challenged High Court Judge Patricia Basaza’s order for Buganda Land Board to disclose a number of details to Male Mabirizi Kiwanuka on condition that they were relevant in the case where the latter challenges the registration of all tenants on Kabaka’s land at a given cost.
Three justices of Court of Appeal Hellenic Obura, Egonda Ntende and Ezekiel Muwanguzi accepted all the arguments raised by the king apart from one in which he wanted Mabirizi to deposit a security of 500 million shillings before the hearing of the main case commences.
In the judgement read by Deputy Registrar Her worship Agnes Nkonge, the appellant court judges agreed with Buganda Land Board that it was not right for Mabirizi to file a case on behalf of other (tenants) without any written permission from them.
On the issue of disclosing bank slips and copies of land titles so far issued out by Buganda Land Board, the appellant court over turned the lower court’s decision saying that the sustainability of the main case from which this matter originates, is legally questionable.
“Court can’t exercise its discretion to grant orders from discovery on oath and inspection when the main suit is not maintainable in law,” the judges ruled.
Mabirizi was advised if he wanted access to the land titles in question; to go to the Land Registry where original copies of titles are kept, but also to use the ordinary ways available.
On whether or not Mr Frederick Mpanga, the Buganda Kingdom Attorney General was legally right to instruct lawyers to represent the Kabaka, the judges ruled that this was not against any law since Mpanga is the Attorney General for Buganda government an institution headed by Kabaka
Mr Mabirizi however expressed his dissatisfaction with this judgement and vowed to proceed to the Supreme Court to have it reversed.
He faulted the three judges for discussing the merits of the main case yet it was not among the issues which were brought before them.
“This is a three phased struggle which I know very well that I will win at Supreme Court because many cases from this court have been overturned,” Mabirizi said.
On the other hand, Buganda Land Board Lawyers led by Christopher Bwanika welcomed the judgement.