Court throws out the entire Mabirizi claim against the Kabaka of Buganda
High Court Judge Henry Peter Adonyo has dismissed Hassan Male Mabirizi’s case against the Kabaka of Buganda, challenging the compulsory process of registering people living on Kabaka’s land at a fee ranging from 100,000 and 600,000 shillings depending on the location of the land.
Justice Adonyo said he cannot deal with the matter which is already decided by a superior court(Court of Appeal).
The Judge noted that Mabirizi’s case was declared incompetent by a Panel of Court of Appeal Justices led by Fredrick Egonda Ntende.
In the ruling Justice Ntende said Mabirizi ‘s claim against the Kabaka is not tenable in law and the court cannot issue an order directing him to disclose bank statements and other kingdom documents.
The Judge noted that Mabirizi neither had permission to sue Kabaka on behalf of others nor a court order permitting him to sue on behalf of others adding that the individuals he claimed to be representing are not named.
Mabirizi has been ordered to pay costs to Kabaka for wasting his time in prosecuting a case which is incompetent.
On Monday Mabirizi asked Justice Adonyo to stay the hearing of his case against the Kabaka pending disposal of his appeal in the Supreme Court because he was dissatisfied with the decision of the Court of Appeal that quashed the decision of High court Judge Patricia Basaza who had in error compelled Kabaka to disclose all bank statements detailing the money collected from the people living on the kingdom official mailo land.
However, Justice Adonyo has ruled that Mabirizi’s application for stay of proceeding lacks merit and fails, the Court of Appeal having nullified his entire claim against the Kabaka.
Kabaka’s lawyers led by Christopher Bwanika welcomed the Court ruling.