Judge in Kabaka case not ready

The man who sued the Kabaka, querying the Buganda land registration rationale, will have to wait longer to ascertain if the judge will quit the case or not.

On Thursday, Justice Patricia Basaza-Wasswa was expected to deliver a ruling on an application filed by Male Mabirizi, requesting her to quit over conflict of interest.

Appearing in her chambers at the civil division of the High Court in Kampala, the judge explained to the parties in the case, that she was unable to deliver the ruling.

"I am not ready. I will give it another date," Basaza-Wasswa said but did not elaborate on reasons for the delay.

Mabirizi was in court, and so was the Kabaka's lawyer Isaac Mpanga, assisted by Cyrus Baguma.

Accordingly, she deferred judgement to March 31.

Mabirizi query on judge

Mabirizi contends there is conflict of interest on account of Basaza-Wasswa's previous work with Kalenge, Bwanika & Company Advocates, from 1993 to 1998. The firm currently operates as Kalenge, Bwanika & Ssawa Advocates.

Prior, two judges Henrietta Wolayo and Lydia Mugambe, quit the case, after Mabirizi claimed bias.

Mabirizi, who operates a money lending business, has law degree from Makerere University. However, he says he deliberately declined to go to Law Development Centre for a diploma in legal practice.

Dressed in a black business suit, Mabirizi, who operates a money lending business, moved with an assistant who carried a big bag, containing documents.

Background

The case arose on last year August 8, with Mabirizi seeking a pronouncement that compulsory registration of people living on land registered in the Kabaka's name at a sh600,000 fee,  is illegal.

Mabirizi contends that the Kabaka is only a trustee of the official mailo land. He wants court to denounce 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 contends that 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.  E