Lawyer Male Mabirizi has asked the Court of Appeal to dismiss with costs an appeal filed by the Kabaka of Buganda Ronald Muwenda Mutebi, challenging a High Court order for him to furnish Mabirizi with details of his bank accounts and occupants of the Mailo land.
The Kabaka through his lawyers led by Christopher Bwanika, challenged this decision in an appeal on grounds that Mabirizi has never provided proof that he was acting on behalf of the occupants of the land.
Appearing before three justices of the Court of Appeal, Ezikiel Muhanguzi, Egonda Ntende and Hellen Obura; Mabirizi who is representing himself asked them to dismiss this appeal with costs because it was filed out of time, and that it was part of delaying tactics for the main case before High Court
Mabirizi pointed out that the Kabaka’s lawyers while at High Court consented to serve him with all required documents but later made a U turn to challenge the same yet in law you can’t appeal against your own consent.
He added that the ruling from High Court which the lawyers submitted for the appeal was not certified, and that this was because they didn’t pay certification fees as required by the law.
“The appellant is a trustee of our land, therefore he has no reason stopping him from disclosing the details of the land. Even in the lower court, this matter was not objected to during the hearing stage,” Mabirizi submitted.
The Kabaka’s lawyers on the other hand asked court to allow their appeal with costs because the main case in which it arises has a number of illegalities and needs to be scrutinized by the appellant court.
The three judges promised to deliver the ruling on whether to allow or dismiss this appeal on notice.
In the main case before High court Mabirizi faults the Kabaka through Buganda Land Board 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.