Ex-soldier sues Centenary Bank over fraud

Centenary Bank branch on Kampala Road. Mr Charles Abelebele accused the bank of fraud, negligence and breach of duty. PHOTO | FILE

What you need to know:

  • A copy of a bank statement presented before the court indicates that between February 10 and July 2021, Shs15.86m was withdrawn from Mr Abelebele’s account.

A former Uganda People’s Defence Forces (UPDF) soldier has sued Centenary Rural Development Bank Ltd over allegedly defrauding him of Shs15.86 million while he was deployed in Mogadishu, Somalia, in February 2021.

In a suit filed at the Chief Magistrates Court at Mengo in Kampala on June 13 through his lawyers of Allan & Partners Advocates, Mr Charles Abelebele accused the bank of fraud, negligence and breach of duty.

Mr Abelebele said unknown people withdrew Shs15.86m from his account through agent banking between February and July 2021.

He said he was not registered for mobile banking and his attempts to seek an explanation from the bank were futile.

“Particulars of fraudulent acts include permitting registration of the complainant’s account on agency banking without his knowledge, cashing out money from his account without his consent, and failure to account to the plaintiff over the said incidents,” the suit reads in part.

Mr Abelebele retired from the UPDF in 2018 but was recalled for a mission to Somalia in 2020 under the UPDF reserve force.

Travel documents seen by this publication indicate that Mr Abelebele left the country on December 16, 2020 and returned on December 20, 2021.

A copy of a bank statement presented before the court indicates that between February 10 and July 2021, Shs15.86m was withdrawn from Mr Abelebele’s account.

On February 10, the bank statement indicates that Shs6 million was withdrawn from the account.  On February 12, 25, 26 and 27, Shs1.8m, Shs2m, Shs2m and Shs2m were withdrawn from the account via an agent bank, respectively. 

“The complainant seeks the court’s declaration that the bank’s acts leading to the cashing out of the complainant’s money to third parties in the said period accordingly were illegal and that a refund of Shs15,865,143 should be made to him,” the suit reads.

On June 16, the Mengo Chief Magistrate, Ms Dorcas Zako, asked the bank to file a defence over the suit.  “You are hereby required to file a defence in the said suit within 15 days from the date of service of summons on you, should you fail to file a defence on or before the date mentioned, the complainant may proceed with the suit and judgment may be given in your absence,” the court document states.

However, in their defence filed through their lawyers of Muhumuza-Kiiza Advocates and Legal Consultants on July 7, the bank denied Mr Abelebele’s claims, saying the transactions were initiated from his mobile phone.

They also stated that Mr Abelebele validated the agency banking withdrawals using passwords that were sent directly to him for various transactions.