Judge declines to quit Kabaka land case

Justice Patricia Basaza-Wasswa, has declined to quit the case where a lawyer Male Mabirizi sued the Kabaka, querying Buganda land registration rationale. 

On Friday, the judge, sitting at Twed Towers in the city suburb of Nakasero, where the civil division of the High Court is located, delivered her ruling and dismissed Mabirizi's demand to quit. 

She dismissed claims she was prone to bias on arising from conflict of interest. Prior, two judges Henrietta Wolayo and Lydia Mugambe, quit the case, after Mabirizi claimed bias. 

Mabirizi was in court, and so was the Kabaka's lawyer Isaac Mpanga, assisted by Cyrus Baguma. Also present was legal manager Buganda Land Board (BLB) Barnabas Ndaula. 

His protest was premised on Basaza-Wasswa's previous work with Kabaka's lawyers Kalenge, Bwanika & Company Advocates, from 1993 to 1998. The firm currently operates as Kalenge, Bwanika & Ssawa Advocates. 

But Wasswa-Basaza said although it is factual that she worked with the firm, it does not imply that she will show bias against Mabirizi.

She explained that when traditional kingdoms were restored in 1993, she did not handle any file involving Buganda kingdom.

"It is true that I worked with the esteemed law firm 24 years ago. But the applicant bases his fear on surmise and conjecture. Judicial officers do not come from mars. As a judicial officer, I took the oath to serve all and deliver justice," the judge ruled. 

She rebuked Mabirizi, saying he cannot be allowed to direct court on which judge should hear his case. 

"The applicant will not be allowed to choose who will hear his cases. I will not give him that liberty," Basaza-Wasswa said. 

Accordingly, she adjourned to April 24, saying court would give directives on how to proceed with the case. The judge said costs would be computed when court delivers a final verdict. 

Mabirizi expressed dissatisfaction with the ruling, and requested that it be recorded that he intends to appeal at the conclusion of the main case. 

Case at a glance

The case arose last year on August 8th, 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.