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Judge makes U-turn in Mabirizi-Kabaka case

By Andante Okanya

Added 14th February 2017 03:58 PM

Basaza made a U-turn, and instructed that both parties make written submissions. In the prior court appearance on January 24, she had directed that the application would be heard on Tuesday February 14.

Kabaka 703x422

Basaza made a U-turn, and instructed that both parties make written submissions. In the prior court appearance on January 24, she had directed that the application would be heard on Tuesday February 14.

Kabaka Ronald Muwenda Mutebi II

The case in which money lender Male Mabirizi, sued the Kabaka over rationale in the registration of Buganda land occupants, has taken a twist, with trial judge Patricia Basaza making a U-turn.

On Tuesday, court sitting at the civil division of the High Court in Kampala, had been scheduled to hear an application where Mabirizi wants Basaza off the case, over conflict of interest.

Basaza made a U-turn, and instructed that both parties make written submissions. In the prior court appearance on January 24, she had directed that the application would be heard on Tuesday February 14.

Mabirizi cites Basaza’s previous work relationship with Kalenge, Bwanika & Company Advocates, from 1993 to 1998. The firm now trades under the name Kalenge, Bwanika & Ssawa Advocates.

The U-turn was opposed by Mabirizi, who wondered why she had to change decision on short notice. His pleas for an oral submission fell on deaf ears, with the judge saying her decision was final.

The judge said submissions must be made by March 2, to enable her decide on March 16, whether she should recuse herself.

Background

Last year on August 8, Mabirizi petitioned court, claiming compulsory registration of people living on land registered in the Kabaka's name at a sh600,000 fee, is illegal.

He insists Kabaka is only a trustee of the official Mailo land, and wants court to outlaw the 10% charge levied by BLB on the sale value of land.

But the Kabaka has dismissed Mabirizi's claims, stating that registration is voluntary.

The response is contained in the affidavit of Bashir Kizito, the head of Physical Planning and Survey at BLB.

Kizito asserts Kabaka has never deprived anybody any person of a right to own property, and does not intend to do so.

He explains the 10% charge, saying it is consented to as transfer fee under Section 34 of Uganda's Land Act. 

 

 

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