Immediately after receiving a Court decision issued by Mengo Chief Magistrate Court declaring the actions of his siblings and step mothers denying him access to his father’s estate illegal, maverick city lawyer Male Mabirizi stormed the said properties boasting that time has come for him to streamline the management of the multibillion estate.
In her ruling, Joanita Muwanika the Mengo Chief Magistrate ruled that it is illegal to deny Mabirizi access to the said estate even though he is a recognised beneficiary since the defendants who include controversial city pastor Solomon Moses Male, Mabirizi’s step mother Stella Nalutaaya, his siblings Faisal Mutumba, Sophie Nassozi Mutumba and his second step mother Hajjat Sarah Mutumba do not have powers to administer the estate.
The said properties are situated in Nateete, Lubaga and Kamwokya, all Kampala city suburbs.
In his evidence, Mabirizi told Court that since the death of his father Mohammad Bazinduse Lulibadda Mutumba in 2021, his siblings influenced by pastor Male have denied him access to the estate even though he is a recognised beneficiary.
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He narrated how pastor Male ordered his young brother Faisal Mutumba to insult him when he tried to access the said estate and badly damaged his car in the process. His driver was also injured in the scuffle as his elder brother Male celebrated.
He further accused his step mother Nalutaaya of inciting the public to kill him by making an alarm that he was trespassing on their property.
He disclosed that he was only saved by neighbours who told the angry goons that it was a family misunderstanding.
He also accused Hajjat Mutumba, his other step mother of dragging him to police by filing a trespass criminal complaint against him wher she asked for his arrest once he tries to access his father’s estate.
He was still saved by the neighbours who told policemen that Mabirizi is among the children of the deceased.
In their defence, all the accused persons denied the allegations in court insisting that Mabirizi is not part of their family since he was disowned by their father when he was still alive and is not a beneficiary to Mutumba’s estate.
However, in her ruling, Joanita Muwanika the presiding magistrate declared that the actions of the respondents, of barring Mabirizi from accessing his father’s properties situated on Plots 1047 and 1049, Kibuga Block 19, Natete and issuing threats of trespass, and involving police to arrest him on sight were illegal and violate his rights to have a family.
“A permanent injunction restraining the Respondents from denying the Applicant access to Plots 1047 and 1049 Kibuga Block 19, Nateete, pending the grant of either letters of administration, probate or lawful resolution of the estate,” the magistrate ruled.
But she refused to allow Mabirizi’s prayer of ordering the accused persons to return all the money collected from the estate since 2021 and also to compensate him for denying him access to his father’s estate stating that her court doesn’t have powers to issue such orders.
“The grant of damages in human rights enforcement proceedings remains a matter of judicial discretion, and must be exercised judiciously, taking into account the nature of the violation, the relationship between the parties, and the likely effect of such an award on future relations and would likely inflame the already fragile family dynamics,” the magistrate stated.
The development comes at a time when pastor Male and other family members are protesting a court order that seeks to subject all the children of the late Mutumba to a DNA test to establish the deceased’s rightful children.
