Mabirizi (in black coat) filing his notice of appeal at Court of Appeal Registry on Tuesday. (Photo by Agaba Racheal)
KAMPALA- Lawyer Male Kiwanuka Mabirizi has filed a notice of appeal where he has listed 44 grounds showing his dissatisfaction of the ruling of the 3 justices of Court Appeal that quashed the lower court’s decision that had ordered the Kabaka of Buganda Ronald Mutebi to avail him with financial secrets and titles.
Mr Male Mabirizi dragged the Kabaka and Buganda with financial lending the registration of all tenants on kabaka’s land at a given fee thus seeking for orders to be availed with bank secrets and titles in order to prepare his case.
He has filed his notice to appeal hardly a day after the Court of Appeal justices led Freddrick Egonda-Ntende dismissed with costs an order requiring the Kabaka of Buganda to present financial statements regarding all the monies collected from the people living on Kabaka land to his subject.
“…the said judgment, rulings, orders and omissions as the learned justices of Appeal injudiciously exercised their discretion to order the respondent (Mabairizi) to pay legal costs incurred yet among other factors, the appellant (Kabaka) was found in fault,” stated Mr Mabirizi adding that the same court ordered found that Kabaka of Buganda ignored the notice of produce documents.
The financial statements required were in regard to bank accounts in Stanbic Bank (Forest Mall), Bank of Africa (Main Branch) all in the names of Buganda Land Board.
However, in a unanimous judgment delievered on Monday, the judges ruled that courts cannot exercise their discretion to grant orders for discovery on oath and inspection based on a case that is not maintainable in law.
The justices noted that the facts disclosed in the case in which Mr Mabirizi is challenging the compulsory registration of people living on the King’s land, point to private rights rather than infringement of fundamental human rights or freedoms.
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