KAMPALA- The Land Division of the High Court has dismissed with costs a land dispute case in which the descendants of Sir Daudi Chwa II had sued Kabaka Ronald Mutebi, claiming ownership of 350 square kilometers of the Buganda kingdom land.
Justice John Eudes Keitirima dismissed the case that had spent a year in court for want of prosecution, after the descendants of Ssekabaka Chwa and their lawyers, did not show up in court.
It is only Kabaka Ronald Mutebi’s lawyers, Mr Kiryowa Kiwanuka and Esau Isingoma who showed up.
No reason was given for their absence.
A case may be dismissed for want of prosecution if any party seeking affirmative relief from court fails to appear for any hearing or trial. It can also be dismissed if a party fails to take certain specified actions of which the party had been given notice.
The dismissed land case arose on May 4, 2017 when Prince David Nnamugala and two others, sued the Attorney General, the institution of the Kabaka of Buganda and two others, seeking a permanent injunction prohibiting them from interfering with the 350 square miles of kingdom land.
In their law suit, King Chwa’s descendants had contended that during the 1900 Buganda agreement, the 350 square miles were given to Sir Daudi Chwa II as an individual but not the institution of the Kabaka of Buganda.
They had among others, wanted the court to order the Buganda kingdom to revert the management of this estate to them as the beneficiaries of the late Chwa’s estate.
The trio who had claimed to be the administrators of the estate of King Chwa, had also in their petition, claimed that the central government, the institution of the Kabaka, Uganda National Roads Authority or the Commissioner Land Registration, were illegally transacting and utilising the said land.
Kampala. The administration of the estate of the late King Daudi Chwa II has been embroiled in a fresh dispute after a section of the royal family members asked court to change its managers.
The land measuring 450 square miles was the centre of a dispute between the Kabaka against the administrators but on May 27, the Kampala High Court dismissed an application that sought to stay the attachment and sale of the part of the estate.
In 2011, the court presided over by Justice Moses Mukiibi issued letters of administration of the property and credits of the estate [of the Ssekabaka] to six people.
They include Prince Alexander David Ssimbwa (son), Nnaalinya Edith Nabweteme (daughter), grandchildren David Namugala Mawanda, Dorothy Nassolo, Gladys Nandawula Kyakuse Lumaama, Moses Kimera and Saava Iga Matovu.
However, family members led by Prince Kalemera H. Kimera have asked the Family Court to remove them as administrators since two of them; Prince Ssimbwa and Nnaalinya Edith Nabweteme, have since died. Two of the surviving administrators - Nnaalinya Nassolo and Mr Matovu - have also agreed to be withdrawn as co-administrators of the said estate.
The withdrawal of their names was confirmed by court before the assistant registrar, Ms Justine Atukwasa, last Friday when the matter came up for mediation between the families.
The recent case
The fight over management of the deceased Kabaka’s estate comes after Prince Kimera demanded for more than Shs20 trillion from government as compensation for confiscation and usage of the estate measuring 250 square miles without pay.