Justice David Matovu of the family division of the High Court has dismissed a case in which a law firm, Wameli & Company Advocates had won a consent judgement regarding 250 square miles of Buganda Kingdom land. The judge argued that the judgement was illegally and wrongfully entered.
The erroneously awarded consent had declared that the 250 square miles of land registered in the names of the Kabaka of Buganda is part of the personal estate of Ssekabaka Daudi Chwa II. All Buganda kings have their own estates which they can sell to anybody or bequeath to their relatives. Kings also are free like anybody else to buy personal land. However, there is also land that is in the name of the Kabaka as an institution.
The judge ruled that the consent had been made without the knowledge of the attorney general and the commissioner of land registration yet they were parties to the case. “The consent judgement of October 25, 2015 which was endorsed by the registrar of court on October 27, 2015 between M/S Wameli & Company Advocates and the assistant commissioner for surveys and mapping is declared null and void and is set aside,” Justice Matovu ruled.
The Kabaka of Buganda was represented by Kiryowa Kiwanuka of K&K Company Advocates while Swabur Marzug represented Wameli.
This ruling means that proceedings revert back the claim stage and any enforcement action is also cancelled. The Chwa family can therefore not use the consent judgement to claim ownership of Buganda Kingdom’s land.