The ruling gives the green light to the Kabaka to contest a consent judgment which the kingdom lawyers claim was fraudulently reached in favour of William Galiwango.
The acting assistant registrar at the Land Division of the High Court, Elias Kakooza, has allowed an application in which the Kabaka of Buganda seeks to reclaim land comprised in Magano B Kimbejja, Kawempe-Jinja Mawuuno in Wakiso district.
Kakooza granted the Kabaka’s application in a ruling dated July 29.
The ruling gives the green light to the Kabaka to contest a consent judgment which the kingdom lawyers claim was fraudulently reached in favour of William Galiwango.
“I find that it is only fair and equitable to grant this application for interim order of stay pending the hearing and determination of the main suit,” Kakooza ruled.
The Buganda Land Board head of operations, business development and corporate affairs, Bashir Juma Kizito, who also says he is Kabaka’s attorney, argues that the land is a cultural site belonging to Buganda kingdom.
“The respondents, without any colour of right, unlawfully and fraudulently caused a consent judgment to be entered by court over the suit land in case no.28 of 2021 and the Kabaka is aggrieved by the said consent judgment and has filed a substantive case seeking to set aside the said consent order,” Kizito says.
He said the land has always been preserved as a cultural site and the same is not available for sale and or be parted with by way of donation or gift.
“The consent judgment, in essence, evicts the Kabaka or his agents from the suit land, yet he was not a party to civil suit no.28 of 2021,” Kizito contends.
On the part of the respondents, Galiwango insists that he is the successful party in the contested judgment in which a group of royals headed by Prince Emmanuel Kimbugwe and his colleagues consented that he is the lawful owner of the land.
Other respondents are Joseph Kyabagu, Sezaro Ssebandeke, Ali Kayondo, Bamweyane Musanje, Herbert Ndawula, David Wasswa and George William Nakibinge.
Galiwango argues that it is a tradition and custom in Buganda that the Kabaka holds land in trust for the royal family and that before he entered into agreement with Kimbugwe and his colleagues, he was availed the documents detailing the history of the Mutuba (sub-clan) of Kaweesa, a son of Ssekabaka Kigalla, the 5th king of Buganda.
Court documents indicate that sometime in 2018, Galiwango entered into a memorandum of understanding with Kimbugwe and his colleagues to recover their inheritance rights under the Mutuba of Kaweesa, the son of Ssekabaka Kigalla.
It shows that following the agreement with Galiwango, Kimbugwe was reinstated as the true heir of Mutuba of Kaweesa, who was a resident in Kawempe Jinja-Kalooli, where the disputed land is located.
The inheritance rights
Galiwango insists that Kimbugwe is duly recognised by the office of the chief prince and that Buganda kingdom through the council of heads of princess, set up a sub-committee to establish the true inheritance rights under Mutuba of Kaweesa, the son of Sekabaka Kigalla.
“The said committee established that the said Ssekabaka Kigalla had three sons namely Prince Kaweesa, who was given land at Jinja-Kawempe covering the suit land; Prince Lwanga, who was given land at Kitake in Busiro and Prince Sserumirabikizzi, who was given land at Nsekwa in Busiro,” Galiwango contends.
He said the council of princess in the royal family established Kimbugwe as the rightful heir to his father Matyante, the heir of Kaweesa of Kawempe and was fully installed by Buganda kingdom and assumed his role.
He added that last year, Kimbugwe wrote to Stanley Lutwama, the head of royal guards, for illegally occupying his land.
“The office of the Kabaka in confirmation of all heads of Buganda asked all heads to give information about their sub-clans including Kimbugwe, who clearly indicated that the land at Kawempe belonged to the office of the applicant as a custodian for the said princes,” he added.
