Leading a five panel of Supreme Court Justices, Justice professor Lillian Tibatemwa-Ekirikubinza has promised to deliver their judgement on the appeal where incarcerated city lawyer Male Mabirizi is challenging Kabaka Ronald Muwenda Mutebi’s ownership of public land in Buganda and the actions of his private company Buganda Land Board (BLB).
Other Justices on the panel include; Justice Catherine Bamugemereire, Justice Elizabeth Musoke, Justice Mike Chibita and Justice Christopher Madrama who confirmed to have appreciated the submissions, evidences and authorities both parties provided to Court promising to deliver their judgement on notice.
In the main judgement, the judges will also consider the objection made by Kabaka’s lawyers led by Owekitiibwa Christopher Bwanika the Kingdom Attorney General who pleaded to Court to dismiss Mabirizi’s appeal without going through its merit on grounds that it violates Court procedures and process.
He explained to Court that the said appeal was supposed to be filed at the Court of Appeal not at the Supreme Court noting that the said suit was dismissed by Justice Peter Adonyo the then judge of the High Court.
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Mabirizi strongly objected to the application submitting that his appeal resulted of Justice Engonda Ntende the then judge of the Court of Appeal’s lead judgement dismissing his entire suit basing on Kabaka Mutebi’s appeal challenging the orders issued by Justice Basaaza Wasswa of the High Court.
Justice Basaaza directed Kabaka Mutebi to disclose to Mabirizi all public land titles in his possession especially those returned to him by President Museveni through the 2013 Memorandum of Understanding, his bank accounts where he keeps billions of moneys collected from settlers on the public land as rent and all the transaction agreements signed on the said land.
Mabirizi told Court that after the said orders were issued, the file was allocated to Justice Adonyo.
However, while he was preparing to proceed with the hearing of the entire matter, Justice Ntende dismissed his entire case. After assuring Justice Adonyo that he had appealed the said decision, he promised him that High Court will proceed to hear his matter basing on the decision of the Supreme Court.
In his defence, Bwanika, in the presence of Bashir Kizito Juma who holds Kabaka Mutebi’s Powers of Attorney and also the deputy Chief Executive Officer of Buganda Land Board told Court that the Kabaka was sued in his official capacity as Kabaka of Buganda not as Ronald Muwenda Mutebi.
He explained that the Kabaka being a corporation sole means that any legal action taken against any organization like Buganda Land Board has to be done in his official capacity because he is responsible for whatever actions are made by his private company.
In his main suit, Mabirizi wants Court to direct Kabaka Mutebi to stop collecting rent from settlers on public land, refund all billions of moneys collected from them, compensate those who have lost their property through the alleged fraudulent dealings made by Buganda Land Board and declare that he is just a trustee keeping the said land for the people of Buganda not the owner.
Bwanika didn’t protest the claim that Kabaka is a trustee of public land in Buganda, he however explained that the fact that the Kabaka is a corporation sole, he is managing and keeping that land for the dead, current and coming people of Buganda.
