Court rejects Kabaka’s demand that Mabirizi deposits Shs500 million as security cost
COURT–The Kabaka’s legal team has suffered yet another setback in their battle with Male Mabirizi over land case brought against the monarch.
The Kabaka, through his team of over 20 lawyers from the office of the Attorney General of Buganda Kingdom had requested High Court to order Mabirizi to deposit Shs500 million as security with the court in case the plaintiff lost the case and could not meet legal costs later.
But the lawyers for the Kabaka, including Kalenge, Bwanika, Saawa and company advocates, Charlotte Nalumansi and company advocates and lawyers from Buganda Land Board legal departmen, could only watch as Justice Peter Henry Adonyo dismissed the Kabaka’s strong application of security for cost.
In his application, the Kabaka stated that Mabirizi is a very poor man who will not afford to pay him damages and costs. The Kabaka added that he has high chances of winning the case but according to his investigations and research, he has never come across any property owned by Mabirizi that can be attached in case Mabirizi lost the case but failed to pay damages and costs.
The Kabaka further stated that Mabirizi’s arguments before the court and in the media were defamatory and injured his name, his family and the entire Buganda kingdom. He added that Mabirizi uttered embarrassing statements claiming that he is not the owner of the kingdom’s land but he is just a trustee.
The Kabaka noted that Mabirizi also defamed him by claiming that he has sold and mortgaged the kingdom’s properties.
In his reply, Mabirizi told the court that justice is not for the rich. He advised the court that if it agrees with what the Kabaka is asking, it will set precedent that justice is for the rich and rich people will use that alternative to harass the poor.
Mabirizi, a Buganda Kingdom subject, also told the court that the Kabaka was just provoking him to reveal his riches to the public, adding that he added that he is a true Muganda who doesn’t expose his riches in public.
In his ruling, Justice Adonyo agreed with Mabirizi and stated that justice is for everybody whether rich or poor.
“It would in my view serve no purpose for this court to turn around and make such orders in regard to the respondent,” the judge said.
“To make such an order will appear contradictory and unreasonable as was in the case of Karim Elahi (supra), such an order would be in vain since the inability of the party to pay debts is not a legal reason for court to order for payments for security for cost.
“The above being the case, I am of the firm view that this application does not merit the grant of the orders sought and thus will attract being dismissed with no order as to cost. I do so order.”
Judge Adonyo’s ruling was a big blow to Kabaka’s team because they were very sure that Mabirizi didn’t have Shs500 million to deposit in the bank, says Crime24‘s Jens Mukiibi.
Christopher Bwanika, Kabaka’s lawyer, accepted the ruling and promised that his team was ready to face off with Mabirizi in the main application.
Mabirizi wants court to order that the Kabaka is not the owner of Buganda kingdom land. He wants the court to order the Kabaka, through Buganda Land Board, to return all the money collected from the tenants on the kingdom’s land as rent.
He also wants court to order Kabaka to stop ‘Kyapamungalo’ move where the kingdom is issuing lease titles to tenants on the kingdom’s land.