BoU-Sudhir battle, presidential age limit case dominate courts

Summary. The year 2019 was action-packed in matters court. From the multibillion commercial dispute between defunct Crane Bank and property mogul Sudhir Ruparelia to the presidential age limit judgment by the Supreme Court, Ephraim Kasozi & Anthony Wesaka profile court cases that dominated headlines in 2019.

BoU-Sudhir case

Dispute. The Shs397 billion commercial dispute between Crane Bank in receivership and businessman Sudhir Ruparelia was one of the most high-profile commercial disputes in the Judiciary’s recent history.
Sued. The law suit arose in June 2017 when Crane Bank in receivership sued Mr Ruparelia and his Meera Investments Company, the real estate arm of his business, for allegedly fleecing his own bank of Shs397b in fraudulent transactions and land title transfers. Mr Ruparelia denied the allegations and counter-sued BoU, seeking compensation of $8m (Shs28b) in damages for breach of contract.
Mediation. As the court rules demand of late, the matter was sent for mediation by the head of the Commercial Court, Justice David Wangutusi, reasoning that if went for full trial, the losing party would pay heavily in damages.
Receivership. While the matter was still under mediation that never was, the businessman through his lawyers of Kampala Associated Advocates (KAA), thought ahead of Crane Bank in receivership and filed an application, seeking to dismiss the main law suit on technicality.
Argument. Core to Mr Ruparelia’s argument was that once Crane Bank was placed under receivership, it was insulated against legal proceedings according to Section 96 of the Financial Institutions Act and therefore, lost its powers to ‘sue’ or to be ‘sued’ thus rendering its suit a nullity.
Agreement. Indeed, the judge agreed with the preliminary objection raised by Mr Ruparelia and dismissed the multibillion law suit on technicality.
Condemnation. The judge also condemned BoU to costs for having fronted the law suit on behalf of Crane Bank in receivership.
Appeal. However, BoU has since appealed against Justice Wangutusi’s ruling and the disposal of the appeal is pending as the year came to an end.

Bugoma forest given away

Giveaway. In April, the High Court allowed the destruction of 22 square miles of part of Bugoma Central Forest Reserve in Hoima District to pave way for sugarcane growing, saying the land does not belong to the National Forestry Authority (NFA).

Dismissal. Masindi High Court judge Wilson Masalu Musene dismissed with costs the case that NFA filed against the Omukama of Bunyoro-Kitara Kingdom, Dr Solomon Iguru Gafabusa, for alleged encroachment and degradation of the forest reserve.

Sued. The king was jointly sued with Hoima Sugar Limited and the Uganda Land Commission (ULC) for alleged fraudulent concealment when he applied for a freehold title for part of the forest land, which was granted by the ULC.

Another petition. Court of Appeal judge Frederick Egonda Ntende also allowed the destruction of the same forest after dismissing with costs, an application in which the forestry authority had sought to temporarily block implementation of orders of the High Court.

Court clears NSSF, Nzeyi over Temangalo

Cleared. The National Social Security Fund (NSSF) and businessman Amos Nzeyi have been cleared of any wrongdoing in regard to the acquisition and ownership of a 366-acre land at Temangalo in Wakiso District. Justice John Eudes Keitirima of the Land Division of the High Court dismissed with costs a 2016 case in which Temangalo Tea Estate, a company owned by an Indian family led by Muhammad Hassanali Moosa, was seeking to repossess the land.

Complaint. Temangalo Tea Estate’s complaint came in 1993 and filed the suit in 2016, 23 years after prompting the judge to rule that they were barred by limitation as the suit was instituted outside the statutory limitation as provided for under Section of the Limitation Act.

Claim. In 2016, Temangalo Tea Estate had sued NSSF and Mr Nzeyi jointly with Edrisi Kintu, Mwami Nalukenge Mawanda, Abbas Mawanda and the Commissioner for Land Registration, claiming that it was granted repossession certificate by the Minister of Finance in August 1993 and was seeking to recover the said land. Through its lawyers, the company claimed that prior to expulsion in 1972 during the Amin regime, the family had a 79-year lease effective September 1924 and was due to expire in August 2003.

Police boss Bangirana ordered out of office

Court order. On November 18, the High Court ordered the Assistant Inspector General of Police Godfrey Bangirana to vacate office, citing lack of a valid contract.
Duration. High Court Judge Henrietta Wolayo held that the order shall stay in force until determination of the main case in which Bangirana is accused of illegally holding office.

Legality. Mr Bangirana, a police director in-charge of engineering and logistics, is allegedly holding office illegally after his contract expired in July.

Refund. The court order emanated from a case in which Isaac Maddo sued Mr Bangirana and the Attorney General seeking declaratory orders that Mr Bangirana’s stay in office is unlawful and that he refunds the salary and emoluments received while in office illegally.

Museveni wins in age limit case

East Afican court.As the year in review came to a close, the East African Court of Justice based in Arusha-Tanzania, had finished conducting the pre-trial of the reference in which lawyer Male Mabirizi is challenging the entire process of amending the constitution to scrap the presidential age clauses.
Supreme Court. However, earlier in the course of the year, the Supreme Court had in a majority decision of 4:3, upheld the Constitutional Court judgment that okayed the scrapping of the famous Article 102(b) from the Constitution, paving way for President Museveni to contest again come 2021 if he so wishes without being stopped by the then age cap bottleneck of being above 75 years.

BoU currency saga

Case. In June this year, two Bank of Uganda (BoU) officials were arraigned before the Anti-Corruption Court and charged with corruption and abuse of office in connection with the ongoing currency saga.

Bailed out. The suspects, who have since been released on bail pending trial, are Francis Kakeeto, 36, and Fred Vito Wanyama, 42, who were bankers at Central Bank.

Charged. They were charged following investigations into complaints into reports in regard to the inclusion of unauthorized cargo on a plane fully chartered by Bank of Uganda.

Singer Mowzey Radio’s killers jailed

Sentenced. In October, Godfrey Wamala, alias Troy, the man who was convicted of manslaughter over the death singer Moses Sekibogo, alias Mowzey Radio, was sentenced to 14 years in prison.
Court heard that on January 22, 2018, Wamala was seen with Radio at De bar drinking, before a scuffle between the singer and other people ensued.
Prosecution said after the beating, Wamala fled and hid in Kyengera until February 4, 2018, when he handed himself to police when Radio had died.

Seiko’s guard jailed 35 years for murder

Case. In September, the High Court sentenced Maj Juma Seiko’s bodyguard to 35 years in prison for murder and attempted murder in 2016.

Reason. The trial judge noted that convict Alex Cherotich is an ex-soldier and trained enough to control his temper and said the sentence will teach those who hold guns not to act unreasonably.

Fateful day. Court heard that on December 3, 2016, at Maj Seiko’s home on Nakasero Hill, Cherotich, a former Uganda People’s Defence Forces (UPDF) soldier, who was a guard at the residence, shot dead two boda-boda riders Ogwang Lamex and Fred Sembatya.
Injured. On the same day, he also injured David Ssenkubuge and Solomon Mugabi.

Pine car bond owner jailed 40 years

Sentence. In June, High Court Judge Flavia Senoga Anglin handed Ssebuwufu a jail term of 40 years for torturing businesswoman Betty Donah Katusabe to death for failing to clear an outstanding debt of Shs9m.

Co-accused. The other convicts are Godfrey Kayiza, Philip Mirambe, Paul Tasingika, Yoweri Kitayimba, Damaseni Ssentongo and Shaban Odutu, who were sentenced to 30 and 20 years in jail for murder, aggravated robbery and kidnap with intent to murder.

Compensation. Justice Senoga also ordered them to compensate the bereaved family of Katusabe with Shs100m. But the convicts have since appealed against the decisions.

Dr Nyanzi jailed

Sentence. In August, Makerere University research fellow, Dr Stella Nyanzi. was imprisoned for 18 months after being convicted of cyber harassment in connection with harassing President Museveni and insulting his late mother.

Protest. Dr Nyanzi, who has since appealed against the conviction and the sentence, was sentenced via audio visual link (video –conferencing) in a session that turned disorderly when she started undressing on the camera and insulting the trial magistrate, Ms Gladys Kamasanyu.

Kanyamunyu trial set

Date set. High Court Judge Steven Mubiru has set January 2020 for hearing of prosecution evidence against businessman Matthew Kanyamunyu over accusations of killing a social worker, Kenneth Alena.

Charge. He is accused of shooting dead Kenneth Akena in 2016 for reportedly scratching his car.

Co-accused. He is charged jointly with his brother Joseph Kanyamunyu and girlfriend Cynthia Munwangari.

Man jailed for life over Nansana, Entebbe women murders

Imprisonment. In September, the High Court sentenced a man to life imprisonment for being part of the criminal gang that murdered at least 28 women in Entebbe and Nansana municipalities in Wakiso District in 2017.

Records. Ibrahim Kaweesa, 39, was found guilty of murdering Annet Nakku in Nansana in 2017. Police records showed that Kaweesa first raped the deceased before strangling her.

Duration. Life imprisonment means spending the rest of the convict’s natural life in prison.

School director remanded for aggravated defilement

Remand. In December, the Chief Magistrates Court in Mpigi remanded the director and proprietor of Wamala Mixed Day and Boarding Primary and Secondary School on three charges of aggravated defilement and indecent assault.

Co-accused. Asadu Wamala was arraigned before court jointly with the school matron, Halima Nansubuga, who is accused of aiding him to commit the crime.
Committing the offence. According to the charge sheet, in the month of October last year, Wamala. with the aid of Nansubuga, defiled two teenagers of 16 and 17 years respectively.

Assault.He was also accused of indecently assaulting another underage girl from the same school. Wamala was first arrested in October and taken to Mpigi Chief Magistrate’s Court where he was charged with indecent assault and granted bail.

Man jailed 40 years for killing wife with acid

Case. In January, Kampala High Court sentenced a man to 40 years in prison after he confessed to murdering his wife by pouring acid on her.

Pleaded guilty. Kasiim Kakaire admitted he poured concentrated sulphuric acid on his wife Josephine Namanda who later succumbed to her injuries.

Reason. He said he did not want to waste court’s time by going into a full trial and opted to plead guilty under the plea bargain procedure.