Lawyer Male Kiwanuka Mabirizi has lost for the second time the case against the Kabaka of Buganda, Ronald Mutebi that was challenging the compulsory process of registering people living on Kabaka’s land at a fee ranging from Shs100, 000 and Shs600,000 depending on the location of the land.
High Court Judge Henry Peter Adonyo has dismissed Mabirizi’s case citing that he cannot deal with the matter which is already decided upon by a superior court (Court of Appeal)
The Judge noted that Mabirizi’s case was declared incompetent by the three Court of Appeal Justices lead by Egonda Ntende who suppressed the high court’s decision in favor of the kabaka saying that it was not proper because the sustainability of the main case from which the appeal originated was legally questionable.
In their ruling, the three Justices said Mabirizi ‘s case against the Kabaka is not maintained in law and the court can’t issue a directive to disclose banks statements and other kingdom documents on the basis of a case which is not tenable in law.
On Monday Mabirizi had asked Justice Adonyo to stay the hearing of his case against the Kabaka pending disposal of his Supreme Court appeal challenging the decision of the Court of Appeal to quash the decision of Justice Patricia Basaza that compelled him to disclose all bank statements detailing the money collected from the people living on kingdom official mailo land to him.
However, on Wednesday Justice Adonyo ruled that Mabirizi’s application for stay of proceeding lacks merit and fails according as the main suit has been declared a nullity by the Court of Appeal.
