Court Berates Barnabas Ndawula, a Lecturer At LDC, for Impersonating The Kabaka. – Ultimate News

High Court Judge Hon. Mr. Justice Henry I. Kawesa has berated Mr. Barnabas Ndawula, a lecturer at the Law Development Center for impersonating the Kabaka.

While setting aside the consent judgment in which Barnabas Ndawula impersonated the Kabaka, the judge berated Ndawula for purporting to be the Kabaka and signed a consent judgment when he was neither the Kabaka nor his appointed attorney. At the time of signing the consent judgment, the people who had the authority to sign on behalf of the Kabaka were the Katikkiro of Buganda or Owek. AF Mpanga.

While setting the fraudulent consent judgment aside, Justice Kawesa said, “According to the evidence on file, it was alleged that the consent judgment was not signed by the applicant or his recognized agents. Under order 3 of the civil procedure rules, gives the authority of representation by a recognized agent and advocates are recognized agents of a party to a suit, however on the authority of the supreme court case of attorney general & Uganda Land Commission versus James Mark Kamoga(supra), ” the consent must be made in presence and consent of the parties.” The consent was meant to be entered into in the presence of both parties who have agreed on the terms with guidance of their advocates and before the trial judge handling the matter.

In this regard, there was no agreement between the parties on what was signed, though the respondent submitted that the applicants lawyers were duly instructed, this instruction covered only representation as provided by Order 3 of civil procedure rules, signing of consent is to be done by the parties or persons authorized to do the same.
The consent judgment is hereby set aside.”

How and why Barnabas Ndawula Impersonated the Kabaka.

In 2015, one Herbert Musiitwa Mulasa sought to grab land that belonged to John Mulindwa. He went to Buganda Land Board and connived with Barnabas Ndawula, who was then the head of the Legal department at Buganda Land Board. While scheming on how to grab Mulindwa’s land, Barnabas Ndawula advised Musiitwa to drag the Kabaka to court, asking it to compel the Kabaka to issue him a leasehold title on block 273 plot 4849 which already belonged to John Mulindwa.

After Musiitwa went to court, Barnabas Ndawula, as the head of the legal department, chose the law firm of Kasumba, Kugonza, advocates to represent the Kabaka It is then that Barnabas Ndawula, the lawyers from that law and Musiitwa connived to enter into a consent judgment on 18th July 2016 where the Kabaka agreed to give Musiitwa a lease on the said land which measures 0.097 hectares.

Barnabas Ndawula then impersonated the Kabaka and signed as the Kabaka. At the time of signing the impugned consent judgment, Barnabas Ndawula was neither the Kabaka of Buganda nor his legal representative or his attorney.

Barnabas Ndawula, who is now a lecturer at LDC, did all that without the knowledge of the Kabaka or the then MD of Buganda Land Board Owek. Kyewalabye Male. It was after Mr. Musiitwa Mulasa went to court to have the consent judgment enforced that Kabaka and Buganda Land Board as an institution got to know about it.

Consequently, the Kabaka dragged Musiitwa Mulasa to court and asked the court to quash the fraudulent consent agreement. READ ABOUT THIS JUDGEMENT IN DETAILS HERE

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