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Kabaka Mutebi sues govt over Kigo ranch
Hillary Nsambu
THE Kabaka of Buganda, Ronald Muwenda Mutebi II, has dragged the Government to court demanding over sh18b for continuing to unlawfully occupy his land where Kigo prison is located.
The Kabaka is also seeking a declaration that he is the lawful registered proprietor of the land comprising Kyaddondo Block 273 Plot 38 and measuring 328.6 acres.
He is asking the court to compel the Government to immediately vacate his land, which he says also encompasses Kigo Prison as well as its farm.
The court has consequently issued summons for the Attorney General, who is mandated to handle litigations on behalf of the Government, to file a defence within 15 days.
“Should you fail to file a defence within the prescribed period, the plaintiff may proceed with the suit and judgment may be given in your absence,” the summons reads.
The Kabaka, who filed his suit in the Commercial Court on January 28, 2010 through Ssekabojja and Company Advocates, also seeks a declaration that the Government’s continued occupation of his property without a formal lease agreement is unlawful and constitutes trespass.
He further seeks the court’s declaration that as landlord and owner of the property, he is entitled to sh18,794,600,000 with 20% interest as compensation for incomes so far lost since 1993 when the property was vested in him.
According to his plaint seen by Sunday Vision, the Kabaka contends that by virtue of the Traditional Rulers Restitution of Properties and Assets Act 1993, the land was returned to the Ssaabasajja the Kabaka of Buganda.
Basing on this he argues that subsequently and consequent to the law, the land was registered in the institution of the Kabaka of Buganda.
The Kabaka further contends that as owner of the land, he would be free to lease it and earn a premium and annual ground rent, but since August 1993 the Government that is occupying the property and utilising the farm and the prison has not paid a single penny to him for its continued stay on it.
According to the plaint, the Kabaka is ready and willing to formally lease out the property to the Government if it so wishes. He contends that his administration notified the Uganda Land Commission and the prisons authority about his intention to lease the property out, but all were ignored.
The Kabaka further claims that he repeatedly protested the Government’s occupation of the property without a formal lease agreement, but it refused or neglected to pay for its unauthorised occupation that is tantamount to trespass.
The Kabaka further contends that as a result of the Government’s adamancy, he has suffered financial loss for which he, therefore, seeks redress from the courts of law.
He argues that by refusing to recognise him as the rightful owner of the suit property and land, the Government is in total breach of the Constitution and it is a negation of the spirit of the law providing for the existence of traditional rulers.
Published on: Saturday, 6th February, 2010
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