Businessman Dr. Muhammed Buwule Kasasa won Mutungo land case against Uganda Kingdom in the Court of Appeal.
In his leading judgement, Justice Christopher Gashirabake dismissed with costs the entire appeal filled by the Administrators of the Estate of Sir Edward Muteesa II, the former Kabaka of Buganda, Kabaka Mutebi’s sisters; Nalinnya (Princess) Dorothy Nassolo, Nalinnya Sarah Kagere and his young brother Prince David Kintu Wasajja.
Justice Gashirabake’s ruling was endorsed by other Court of Appeal justices on the panel who included; Justice Eva Luswata and Justice Elizabeth Musoke.
The appellants were claiming ownership of the land in Mutungo, Luzira measuring 640 acres which is comprised on Kyadondo Block 237 plot 39, 29, 48, 56, 67, 59, 69, 81, 82, 88, 111, 112, 114, 115, 142, 148, 150, 335, 97, 70, 138, 131, 154, 155, 178, 179, 388 and 410.
“Finally, save for the decision to reverse the order for full costs in the High Court Civil Suit No. 622 of 2003, and setting aside the award of costs in HCMA no.44 of 2020, the Appeal substantially fails and it is hereby dismissed with costs,” Justice Gashirabake stated.
The justice answered in negative the appellants ground that Justice John Eudes Keitirima of the High Court Lands Division erred when he declined to be bound by the binding decision of the Court of Appeal which directed him to hear the consolidated matter on merit and based on his discretion to dismiss the entire matter on exceptional circumstances.
He added that the trial judge was right to dismiss the case because the appellants cannot seek compensation after admitting that they had lost the land. He added that they should have exercised their futility to conduct a trial for recovery of the lost land.
He explained that it was also irregular for the Attorney General to be added to the Appeal when he was not a party at the High Court and did not participate in the early proceedings.
The Buganda royals were claiming that Dr. Kasasa fraudulently grabbed their father’s land when he was exiled by former president Milton Obote in 1966 and the land title transferred from the names of Sir Edward Muteesa to Paul Andrew Kwemalama Kintu, using the powers of attorney from Muteesa’s sister Victoria Mpologoma.
The records show that Kasasa bought the land from Lake View Properties limited and registered in his name in 1979.
While his siblings are battling their late father’s former doctor, Kabaka Mutebi is also fighting for Kigo Land with businessman Ham Kiggundu.