Wakilii

Musiime v Umar and Others (Civil Suit No. 10 of 2018)

High Court · [2020] UGHCCRD 163 · 2020 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit seeking declarations that the 1st defendant is not the rightful king of Ankole and permanent injunctions restraining him from holding himself out as king
Decision
Judgment entered for the plaintiff against the 1st, 4th and 6th defendants with declarations that the 1st defendant is not the rightful king and permanent injunction restraining him from acting as king. Suit withdrawn against 2nd and 5th defendants; judgment by consent entered against 3rd defendant with no order as to costs.

Observed later treatment

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Holding

The High Court held that the 1st defendant is not the legitimate king of Ankole Kingdom because he failed to satisfy the cultural norms and succession practices of Ankole, which require kingship to pass from father to son through recognized lineage. The court found that the 1st defendant's claim based on alleged kingly birth marks falls outside constitutional requirements under Article 246 and established Ankole customs. The cabinet appointments were consequently declared illegal. Permanent injunction granted restraining the 1st defendant from holding himself out as king.

Outcome

Judgment entered for the plaintiff against the 1st, 4th and 6th defendants with declarations that the 1st defendant is not the rightful king and permanent injunction restraining him from acting as king. Suit withdrawn against 2nd and 5th defendants; judgment by consent entered against 3rd defendant with no order as to costs.

Facts

The plaintiff sued six defendants seeking declarations that the 1st defendant is not the king of Ankole and injunctions restraining him from acting as king. The 1st defendant claimed he was born with kingly marks (drum, beads and body marks) and was declared king by Ankole clan leaders on 27 December 2015 and enthroned on 29 October 2016 at Itaba cultural site. The 1st defendant's father, Idririsa Igumira Kaweesa, is alive and resides in Kasese District. The plaintiff's expert witness, Professor Joshua Muvumba, testified that Ankole succession follows a lineage where a reigning king names his successor from among his sons, who must undergo cultural rituals before ascending to the throne. The plaintiff contended that Prince Charles Rwebishengye is the rightful heir. During proceedings, the 3rd defendant conceded, and suits were withdrawn against the 2nd and 5th defendants. The 1st defendant claimed his great-grandfather Nkabisigarira should have succeeded but was prevented by colonial interference.

Issues

  1. Whether the 1st defendant is the rightful king of Ankole or at all.
  2. Whether the cabinet appointed by the 1st defendant comprising of, among others, the 2nd, 3rd, 4th, 5th, and 6th defendants was lawfully appointed.
  3. What remedies are available to the parties?

Orders

  • The 1st defendant is and was not the rightful or legitimate king to the throne of the king of Ankole Kingdom.
  • The purported coronation of the 1st defendant as a king of Ankole and subsequent appointment of cabinet members was wrongful and contrary to Article 246(1) and (6) of the Constitution of Uganda.
  • Permanent injunction issued restraining the 1st defendant from holding himself out, parading himself, showcasing himself, suffering himself to be referred to as a King, referring to himself by word and deed or otherwise as a King and or King of Ankole and in any way performing functions, roles, responsibilities, rituals, rites, ceremonies and functions which culturally and exclusively vest in a King.
  • Half costs of this suit awarded to the plaintiff as against the 1st, 4th and 6th defendants.
  • Certificate for two counsel refused.

Rules and key headnotes

Traditional and Cultural Leaders — Constitutional Requirements for Recognition — Article 246
A traditional or cultural leader as defined under Article 246(6) of the Constitution must derive allegiance from the fact of birth or descent in accordance with the customs, traditions and usage of the people led by that traditional or cultural leader. Claims to traditional leadership based solely on alleged physical marks at birth, without conformity to established customs of succession, do not satisfy constitutional requirements.
Customary Law — Proof and Application — Judicature Act s.15
Under section 15 of the Judicature Act, customary law must not be repugnant to natural justice, equity and good conscience and must not be incompatible with any written law. Where African customary law is neither notorious nor documented, it must be established by the party intending to rely on it through expert evidence.
Traditional Leaders — Succession Practices — Customary Law Requirements
Where the established custom of a kingdom provides that kingship passes from father to son through recognized lineage, with succession occurring only upon the demise of the reigning king, a claimant whose father was never a king and is still alive cannot establish legitimate claim to the throne based on alleged marks at birth or claims relating to ancestors several generations removed.
Acts Without Legal Authority — Appointments by Persons Without Status
Where a person is found not to be a legitimate traditional leader, all acts done in furtherance of the alleged leadership, including appointments to offices, are without legal authority and are illegal.
Traditional Leaders — Government Recognition Requirement
Following government restoration of kingdoms under the Traditional Institutions Statute of 1993 and the Institution of Traditional or Cultural Leaders Act 2011, a person who satisfies cultural traditions or customs to be enthroned as king ought to be recognized by government under the above laws.

Legislation cited (12)

Cases cited (6)

  • Prince Mpuga Rukidi v Solomon Iguru (Court of Appeal No. 18 of 1994)
  • Lancaster v. Blackwell Colliery Co. Ltd 1918 WC Rep 345
  • Sebuliba v. Cooperative Bank Ltd [1982] HCB 130
  • Ernest Kinyanjui Kimani v. Muira Gikanga [1965] EA 735
  • WAMBUGU VS PUBLIC SERVICE COMMISSION [1972] EA 269
  • Prince Mpuga Rukidi v Solomon Iguru (Court of Appeal No. 18 of 1994)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Musiime v Umar and Others (Civil Suit No. 10 of 2018) [2020] UGHCCRD 163 (27 August 2020)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.