The family of late Kabaka Mutesa II has lost a case in which it had
sued Dr Muhammad Buule Kasasa over a one square mile piece of land on
Mutungo Hill in Kampala.
Delivering his ruling on Friday, Justice
John Eudes Keitirima said: “The plaintiffs having pleaded in their
subsequent case that they lost the suit land, could not again claim for
its recovery and the same time claim compensation.”
Princesses
Dorothy Nalinya Nasolo and Sarah Nalinya Kagere and Prince David Wasajja
had sued Dr Kasasa and the Attorney General, seeking recovery of the
land but court upheld Dr Kasasa’s ownership of the land on MRV 962 Folio
19.
Justice Keitirima also ruled that the plaintiffs had acted oblivious of the bonafide occupants on the suit land.
Background
The ruling puts to rest a 17-year-old highly contentious dispute on the 640 acre piece of land.
Under
Civil suit No. 622/2003, the children of Sr Edward Muteesa II wanted
court to declare that the land was part of their father’s estate.
They
also sought court declaration that all transactions on the land were
illegal and that Dr Kasasa did not lawfully acquire the land.
While
under Civil Suit 227/2005, Kabaka Ronald Muwenda Mutebi and others
verses the Attorney General, the family sought for general damages,
profits occasioned by the deprivation and or none use of suit land.
“I
will, therefore, uphold the preliminary objections raised by counsel
for the 1st defendant and dismiss the entire claim vide High court,
civil suit 622/2003 – Administrator General verses Dr Kasasa,” Justice
Keitirima wrote in a seven page ruling.
