“Buganda Land Board wrong to continue collecting ground rent before case is decided”-  Mabirizi to Court

Lawyer Male Mabirizi has told the Supreme Court that Buganda Land Board is wrong to continue collecting ground rent from tenants on Kabaka’s land before the main case is decided.

Mabirizi last year ran to the Supreme Court challenging the collection of ground rent by Buganda Land Board from all tenants on Kabaka’s land as had been launched by Buganda Minister for Lands, Mariam Nassejje Mayanja launched mass ground rent collection effective November last year in which it was made compulsory for every tenant to pay ground rent.

On Wednesday, he asked the Supreme Court to issue an interim order blocking the ongoing exercise until the main case is decided by the court.

“The respondent(Buganda Land Board) has started demanding ground rent for as far as 2010 and has issued assessments for tenants to pay and that on failure, they can be evicted,” Mabirizi told court.

“My application is simply seeking an interim order of injunction for maintaining the status quo until the determination of the main application by this court.”

He said that Buganda Land Board acting on behalf of the Kabaka of Buganda does not own the land but is just a trustee working on behalf of the people, adding that he is bringing the application as one of the beneficiaries to the trustee.

“The trustee turned himself into the owner of the sort which is illegal. As one of the beneficiaries of the trustee, my grandfathers; Ali Musisi Lunyomo, Sirim Mabirizi and a host of other clan mates were buried at Kasana Kyaggwe, which is part of this land and no amount of damages can compensate the respondent’s assumption of ownership of that land.”

He asked court to halt the ongoing exercise until the main case is disposed of.

However, in rebuttal, lawyers from Mengo, led by Christopher Bwanika told court that the Kabaka owns the said land and it therefore free to collect ground rent.

The lawyers also said Mabirizi has no powers to come to on behalf of the tenants because there is no proof that any of them asked him to represent them, asking court to throw out his application for an interim order halting the collection of ground rent from tenants on Kabaka's land.

Justice Esther Kisaakye however, told the two parties that the court would rule on the application on notice.

In the main application, Mabirizi says Buganda Land Board is wrong and acting illegally by collecting ground rent from tenants on Kabaka’s land.