Recently, police officers in trying to take possession of Dr Aggrey Kiyingi’s palatial home in Buziga, a Kampala up-scale suburb, were seen battling Alert Guards.
Police’s action was prompted by a civil suit in which court bailiffs sought to take vacant possession of the property of the Australian-based Cardiologist to offset a Shs4.7 billion debt to Jackline Diana Asiimwe.
The failure by court to listen to advice from the Uganda Police Force to the effect that the intended beneficiary of the suit was none existent could cost government billions of shillings.
The takeover comes in the aftermath of another sale in October of six other properties of Dr Kiyingi in which Shs2.2 billion was realised.
Asiimwe allegedly supplied Dr Kiyingi of Dehezi International 1,750 bags of white cement worth Shs70 million which he defaulted to pay. Asiimwe of postal address 491 Kampala presented an invoice dated October 10, 2006 in which Dr Kiyingi allegedly undertook to pay 7 per cent interest per month of the invoice volume within six months.
However, a delivery note was never counter-signed by Dr Kiyingi. Asiimwe also attached a copy of an agreement of sale of white cement dated October 15, 2006, drawn by M/S Tumusiime, Kabega and Company Advocates.
Dr Kiyingi was once accused of killing his lawyer wife, Robinah Kiyingi, who was gunned down in Buziga but was set free by court. The State has since appealed the trial.
On December 10, 2008, Dr Kiyingi wrote to the Regional CID Officer Kampala, denying knowledge of the said Asiimwe or having received the white cement. Dr Kiyingi stated that the case was a conspiracy, taking advantage of his absence from Uganda.
However, through his local representative, Freddie David Egesa, Dr Kiyingi protested the sale, saying the person who had taken him to court did not exist and therefore could not have supplied him with anything.
Dr Kiyingi reported a case of forgery, uttering a false document and demanding money with menaces at Central Police Station – CPS in Kampala in 2008 on Police Reference CRB 8979/08.
On December 13, 2008, the Regional Criminal Investigations Officer, Godfrey Musana, summoned Asiimwe through her lawyer Enock Barata of Birungi, Barata Company Advocates but did not produce her to police.
On December 22, 2008, Musana summoned Barata to tell police the whereabouts of his client but he did not. Though Barata had declined to tell police the whereabouts of Asiimwe, on January 18, 2009, he drafted an affidavit sworn by the same Asiimwe that was received in High court Commercial Division on January 21, 2009.
In the affidavit Asiimwe denied knowledge of a criminal summons at Criminal Investigations Department over alleged forgery.
Who is Asiimwe?
Asiimwe’s postal address 491 Kampala was later a subject of investigation as per police letter to the Regional Postal Manager Kampala dated February 18, 2009 by Musana. The postal address belonged to Moddy Birungi of Plot 415 Kampala who did not know Asiimwe.
Court ignored police’s investigations and instead on February 23, 2009, Gladys Nakibuule Kisekka, then Registrar Commercial Court, awarded Asiimwe Shs133 million in damages.
Court attached Plot 140 Block 273 which is inside his compound in Buziga and recovered Shs80 million. They attached a balance of Shs33.5 million from Nakawa court this was a balance of Nakawa civil suit No. 392/07 Mary B. Kariisa and another verses Dehezi Property and another. This left a balance of Shs19.5 million.
However, it is not clear how the balance of Shs19.5 million rose to Shs4.7 billion.
On October 29, 2009 Dr Kiyingi’s lawyers of Lex Uganda Advocates wrote to the registrar, Execution and Bailiffs Division, High Court, showing how they had appeared before Justice Owiny Dollo who directed that the issues raised in the application are on the misconstruction of the decree and the amount of interest and that the matter should be revisited.
On October 30, 2009 the Deputy Registrar Executions and Bailiffs, Henry Twinomuhwezi, wrote to the deputy registrar Commercial Court, informing him of Justice Owiny Dollo’s directive that court gives a proper construction of the decree and determine the proper sum of money owing to Asiimwe.
However on November 21, 2009 Twinomuhwezi issued a warrant to give vacant possession of Kiyingi’s palatial home to Adman Khan who had bought the said properties.