Bukooli chiefdom not legally recognised – court

The Iganga High Court has ruled that Bukooli chiefdom is not a legally recognised traditional institution, citing the absence of gazettement.

This ruling follows a petition filed by Charles Nabongho against Henry Daudi Kibubuka, the royal chief of Bukooli Chiefdom, and the Commissioner of Land Registration.

Kibubuka had lodged a caveat on Nabongho's land title on August 22, 2024, claiming the land in question, located in Bukooli Block 6, plot 141 at Kiteigalwa, Bugiri district, was part of the royal estate of Bukooli chiefdom.

However, the court's decision asserts that Bukooli chiefdom lacks legal recognition due to its failure to be gazetted.

On January 20, 2025, Justice David Batema ruled that Kibubuka lacks the legal capacity to act as a traditional leader on behalf of Bukooli chiefdom, as it is not a legally recognised traditional institution under the Institution of Traditional and Cultural Leaders Act.

Consequently, the judge directed the Commissioner of Land Registration to vacate the caveat placed on the land title by Kibubuka. Additionally, Kibubuka was ordered to pay costs to Nabongho.

“Kibubuka did not have locus standi to lodge this caveat. Until the Chiefdom is recognised and gazetted by the government of Uganda, it lacks capacity to sue or be sued. No one can act in its name or be sued under its name as a royal chief of the unrecognised traditional chiefdom,” he ruled.

The judge explained that Obwa Kyabazinga bwa Busoga (Busoga Kingdom) is the only recognised and gazetted traditional institution in Busoga region.

“Obwa Kyabazinga bwa Busoga has the capacity to sue or be sued,” Batema stated.

He noted that the chiefdoms in Busoga are not independent of Obwa Kyabazinga bwa Busoga, saying they are part and parcel of the international organisation and structure of Busoga Kingdom.

The judge said the nomination, election, confirmation and appointment of traditional and cultural leaders must conform to the provisions of Section 3 of the Institution of Traditional and Cultural Leaders Act.

The section stipulates that a traditional or cultural leader may be instituted following the culture, customs and traditions of the people to whom it applies or by the wishes or aspirations of the people to whom it applies, through a resolution of not less than two-third of all members of the district local councils and sub-county local government councils, respectively, in the area.

However, the judge stated that there is no evidence on court record that Bukooli chiefdom went through the said process and evidence to prove that Kibubuka is a traditional leader recognised in compliance with Section 5 of the Institution of Traditional and Cultural Leaders Act, which provides for the publication of such leadership.

The court heard that Nabongho purchased the land from Ibrahim Muwaaya in 2020 and that he has cultivated and utilised the said land since its purchase by growing sugarcanes, maize and other projects like fish farming.