Wednesday January 22 2014

Who is behind Dr Kiyingi’s eviction?

Dr Aggrey Kiyingi’s property thrown out of his house in Buziga in

Dr Aggrey Kiyingi’s property thrown out of his house in Buziga in Kampala recently. Insert is Dr Kiyingi. Photo by Abubaker Lubowa 

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.

Kiyingi denies
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.

There were earlier attempts by police - first from Paul Katto then Criminal Investigations Officer, Kampala Metropolitan to find Asiimwe but they failed.
Last year on August 16, the Acting Commandant Criminal Investigations and Intelligence Department Kampala Metropolitan Police, Boniface Walimbwa, wrote to the Registrar High Court Execution and Bailiffs Division informing him of the same investigation of a case of fraud and uttering false documents against Asiimwe.

Not even her Lawyers, Barata or Salim Makeera would bring their client to police. Walimbwa requested for certified copies of all documents that have been recently signed by Asiimwe to confirm existence of such a person.

However, the registrar High Court Execution Division did not reply to Walimbwa’s letter. Instead Serwanga, Maiteki and Company Advocates, Asiimwe’s new Lawyers, wrote to the Registrar Execution and Bailiffs Division High Court, claiming Walimbwa’s letter had been smuggled to the file yet police had not been part of the suit.

The law firm stated that it was clear Dr Kiyingi was a fugitive who had run away from Ugandan jurisdiction to avoid an appeal now pending before the Court of Appeal against acquittal of murder charges.

Serwanga, Maiteki and Company Advocates observed that Asiimwe was executing a valid judgment which had not been set aside. They questioned whether police intended to veto the decisions of court or whether a police investigation acted as a stay of execution.

They also questioned why police had never interviewed lawyer MacDosman Kabega who drafted the alleged agreement. They described the inconclusive investigations as an attempt by police to deny Asiimwe her rights and urged the registrar to disregard the said letter.
On October 1, 2013, the Acting CIID Commander – KMP, Boniface Walimbwa, wrote to M/S Tumusiime, Kabega and Co. Advocates to clarify on the said sale agreement they allegedly drafted.
Sale agreement
On October 18, the law firm wrote back affirming that Mr Kabega confirmed the sale agreement was genuine since he had drawn it and that it had been counter-signed in his presence by the purchaser (Dr Kiyingi) and seller (Asiimwe).

However, he ended by denying knowledge of the whereabouts of the seller.
Earlier in July last year, through her lawyer, Senkeezi Ssali together with Stephen Serwadda tried to attach two of Dr Kiyingi’s plots of land; that is Plot 48 Kyadondo, Block 273 Buziga and Plot 33 Kyadondo.
Ms Kisekka withdrew the warrants because the properties were not in Dr Kiyingi’s names but in the names of Mohammed Sekatawa.

On July 12, 2013, Asiimwe reported the conduct of Kisekka to the Judicial Service Commission, accusing her of wrongfully withdrawing the warrants.
However, Ssenkeezi in a change of heart also swore an affidavit in support of a constitutional court petition 55 of 2013 in which he doubts the existence of the said Asiimwe.

In the petition, Gladys Nakibuule Kisekka verses the Attorney General, Senkeezi claims he had all along received instructions from Charles Berwanaho who had been a co-accused with Dr Kiyingi.

Ssenkeezi claims he did not handle the matter under complaint since he had not seen the real complainant Asiimwe nor the Power of Attorney he purported to hold on her behalf.

The lawyer states in his sworn affidavit that the said Asiimwe could be fictitious since Berwanaho had confided in him that he had issues with Dr Kiyingi over some dealings he never disclosed that went bad and the latter had to pay which forced him to decline the instructions.

Ssenkeezi said even the telephone contacts on the complaint listed as those of Asiimwe indeed belonged to Berwanaho.

Ssenkeezi claims that when he told his fellow lawyer Steven Serwadda that he had decided to see Kisekka to disassociate himself from the wild allegations against her, Serwadda informed Berwanaho. In the affidavit filed in the Court of Appeal on December 10, 2013, Ssenkeezi claims that Berwanaho had told him when he confronted him that he had to get even with Registrar (Her Worship Nakibuule) who stood in his way to sell the land he believed belonged to his business mate Dr Kiyingi.
He described Berwanaho as a dangerous, desperate and lawless person.

Police ignoring Kiyingi?

Despite Dr Kiyingi’s protests and police’s repeated pointing out that Asiimwe did not exist, the High Court went ahead to attach and sell to recover the money.

Among the properties that have been attached include seven pieces of land with three pieces of the land in Buziga on Plot 48, Block 273, Plot 141/142 Block 273 and Plot 35 Block 273. There are also other pieces of land in Namulonge on Plot 18, Block 158, Plot 23, Block 158B, Plot 25 Block 158B and Plot 27 Block 158B. All these pieces of land were sold to Adman Khan of Kasese at Shs2.2 billion as per the sale agreement.

Freddie David Egesa described the alleged sale as unfair questioning how court could disregard an issue raised by another arm of government (the Uganda Police Force). Egesa maintains that Asiimwe does not exist and therefore could not have supplied Dr Kiyingi cement to give rise to the debt of Shs70 million which has since grown to Shs4.7 billion. Dr Kiyingi has promised to appeal against the sale.

After failing to peacefully take over the house, police led by James Ruhweza arrested Alert Guards before calling the auctioneers to take charge of the house. Among the items thrown out of the room were two safes one of which has since disappeared. However one big question remains, who is hiding under the name Jackline Diana Asiimwe?

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