Prime
Kabaka wins round one in land case
Kabaka Ronald Mutebi II. File photo
What you need to know:
- Mr Kiwanuka is challenging the Kabaka’s action requiring all his subjects living on the kingdom land to register their plots at a fee ranging between Shs100,000 and Shs600,000 depending on the location.
- Registration of land in Kampala, Wakiso or the surrounding areas is Shs600,000 while in the rural areas the owners pay Shs100,000.
KAMPALA. Kabaka Ronald Mutebi II has won round one in a controversial legal battle where his subject is challenging the compulsory registration of residents living on his land.
Court on Tuesday dismissed a preliminary objection in which Mr Male Mabirizi Kiwanuka had challenged an application in which the Buganda king wants his subject to deposit Shs500 million as security for costs before determination of the dispute.
Mr Kiwanuka had told High Court (Civil Division) that the application did not meet the legal requirements because the lawyers did not get powers of Attorney from the Kabaka.
The plaintiff had argued that the Kabaka did not give instructions to the lawyer, Mr Twaha Mukasa swear an affidavit in the case and that his affidavit contravened the regulations governing legal practice.
But High Court Registrar, Mr Alex Ajiji ruled that although Mr Mukasa has been appearing in Court, there is no record that he is appearing as an advocate for the Kabaka.
Mr Ajiji also overruled Mr Kiwanuka’s request for Court to allow him to appeal and have his application referred to another judge.
Mr Kiwanuka insisted that the registrar had failed to evaluate the arguments and hence needs a higher judicial office to handle his preliminary objection.
In the main case before High Court in Kampala, Mr Kiwanuka contends that the Kabaka’s land, where subjects are living, was returned to the king by the central government and is public land collectively owned by the people of Buganda. He says the Kabaka is only holding that land in trust for his subjects but is not their landlord or master.
But the Kabaka who disputes the case as “misplaced”, lacks merit and therefore, premised on misinterpretation of the law asked Court to direct Mr Kiwanuka to deposit Shs500 million as security for costs he will incur in legal fees.
Mr Kiwanuka explained that the lawyers did not have authority to file the application which renders their case incurably defective and ought to be dismissed with costs.
Mr Kiwanuka is challenging the Kabaka’s action requiring all his subjects living on the kingdom land to register their plots at a fee ranging between Shs100,000 and Shs600,000 depending on the location. Registration of land in Kampala, Wakiso or the surrounding areas is Shs600,000 while in the rural areas the owners pay Shs100,000.
In his petition, Kiwanuka is seeking court declarations that Kabaka Mutebi’s actions through the Buganda Land Board to impose compulsory registration and fees and threats to evict people who will not register their land in the king’s name, are illegal and thus null and void.
Kiwanuka also wants court to declare that such actions amount to an infringement on the subjects’ right to live on the land.
He is also seeking a declaration that the collection of a 10 percent charge on the sale of land registered in the Kabaka’s names as per the Restitution Of Assets And Properties Act is unconstitutional.
