City lawyer Male Mabirizi seeks reinstatement of Shs13b claim of costs against Kabaka of Buganda Ronald Muwenda Mutebi land case, in a request filed to the Court of Appeal judges.
Mabirizi pleaded to Court of appeal judges led by Justice Egonda Ntende and others including Percy Tuhaise and Cheborion Barishaki to reinstate his bill and grant him an opportunity of fair hearing.
He claims that he sustained costs in filing the petition meant to discard Kabaka’s appeal which was later withdrawn without his signature.
“The learnt deputy registrar erred in law and fact when she dismissed the bill of costs yet the respondent (Kabaka) had concluded to payment of costs to the applicant and the only contention was on quantum hence reversing the respondent’s own concession without the respondent’s consent,” Mabirizi stated.
While Christopher Bwanika, Kabaka’s lawyer requested Court to dismiss the bill saying that it emerged from a case that was earlier rejected by High Court and Court of Appeal as well.
Relatedly, Bwanika said Mabirizi’s case was announced unjustifiable meaning his claim is weightless. Adding that no party can obtain satisfaction from unlawful events after unlawful pronouncement of the case by Court.
This case was withdrawn by Kabaka Mutebi after his lawyers challenged High Court ruling which stopped Mabirizi’s application seeking presentation of all financial accounts on all land transactions by Kabaka.
Before the withdrawal, Court had directed the Kabaka of Buganda to pay Mr Mabirizi legal costs of the notice of appeal.
And earlier on Mabirizi’s bill was thrown away with costs by the Deputy Registrar, Ms Esther Nambayo, who claimed that it was wrongly filed in November 2017.