Justice Musa Sekaana the head of the Civil Division of the High Court has allowed the registration of the judgment issued in Kenya against a Ugandan shipping company.

According to court documents, Mary Nyambura Mukuha and Grace Wanjiru Nyambura are suing as legal representatives of the Estate of Paul Nyutu, Stephen Mwaura and John Mukuha Wanjiru who died because of the negligence of a registered agent of Three Way Shipping Group of Companies Limited.

In her affidavit, Nyambura told Court that they are seeking a court directive to register the judgment issued by Naivasha Chief Magistrate Court so as to execute the orders against Three Ways Shipping Company which is incorporated in Uganda and has offices along Jinja road opposite Jinja road police station.

She explained to the court that their three people were riding a Motorcycle Reg No. KMCA 016P on 27^th October 2013 when they were knocked and killed by a trailer with Ugandan Registration No. plates UAL 839N.

She added that they instituted a case against the shipping company and fully served them with court documents but they intentionally refused to file a defense and the matter proceeded by way of formal proof.

The judgment was delivered on 4^th march 2020.

She told court that they executed their judgment and on 30^th April, 2023, court issued a court order allowing them to recover a decretal sum, costs and interest from the date of judgment totaling to Kshs 8,607,615/= (UGX 238,204,903.59).

In his ruling, Justice Ssekaana noted that his court took judicial notice of the fact that Kenya is a Commonwealth country, and it being a protectorate of Britain which has a reciprocal arrangement with Uganda, the matter before him emanates from Naivasha Chief Magistrates Court which is located in Kenya and was properly seized with jurisdiction to hear and determine a matter.

He explained that it is not the duty of his court to entertain an application for registration of a foreign judgment to sit on appeal over the decision of the original court that delivered the judgment sought to be registered.

He further wondered why the shipping company does not exercise its right of appeal under the laws of the foreign country challenging the decision passed against it noting that his court only needs to ensure that the applicant complies with the requirements of the courts on registration of foreign judgment which was done.

The applicants through their lawyers led by Lastone Gulume have started the process of recovering their money including auctioning off the properties owned by the financially troubled shipping companies.

The Company’s top founding directors Oscar Baitwa and Geoffrey Bahamaiso are also facing criminal charges before the Anti-Corruption Division of the High Court on the allegation of stealing Shs7bn from MTN Uganda.

By Grapevine reporter

Kampala city traders associations members under their umbrella body the Federation of Uganda Traders Association (FUTA) have tasked their controversial chairperson John Kabanda to give them accountability for the funds they contributed to run federation activities.

Isaac Kauma, a member of Kampala Traders Association, exclusively revealed to theGrapevine that Kabanda turned furious and started spreading malicious propaganda against a section of traders who are demanding for accountability of their money which they have been contributing since last year.

Kauma narrated that when President Museveni confirmed that he was going meet them again on 18^th July, 2024 at Kololo Airstrip ground to further discuss their grievances over the controversial Electronic Fiscal Receipting and Invoicing Solution (EFRIS), Kabanda and other FUTA leaders approached traders and asked them to contribute money which they were going to use to transport traders from all corners of the country to fill the entire venue to show the president that they have the numbers and the capacity.

He added that Kabanda confirmed to them that they need numbers to out compete members of the Kampala City Traders Association (KACITA) who wanted to show the president that they are the ones controlling traders after accusing KACITA leadership of betraying them and by being in bed with Uganda Revenue Authority (URA) which was imposing EFRIS on them.

Kauma asserted that more than 1000 traders around Kampala city contributed between Shs10,000-Shs20,000 but the meeting didn’t take place because the venue was under renovation and the president promised to meet them on another date.

He said that State House made the said announcement after Kabanda and other traders’ leaders met Museveni at State House Entebbe and they were told that Kabanda and his deputy chairperson Godfrey Katongole asked the president for a private meeting with him which the president accepted.

Kauma added that they later learnt that Kabanda and Katongole asked the President to give them Shs3bn to mobilize traders to accept EFRIS a proposal the president declined to accept.

The President told them that he doesn’t the money they were asking for but promised to put Shs300m in their SACCO.

“From that day, Kabanda’s behavior is questionable, he always doesn’t want to be asked questions on why the president is not meeting us and turns furious when asked to give us accountability for the money we contributed for the function which didn’t take place,” Kauma said.

He revealed that the accountability issue has weakened the federation thus causing a sharp fight between Kabanda and Katongole.

Other traders allege that Kabanda has fired Katongole from being his vice chairperson and removed him from their WhatsApp group and replaced him with Moses Lwegaba the chairperson of Katukazane Shoe Dealers Association.

Sources claim that Katongole supporters are now threatening to take action against Kabanda for firing the man who has done everything in the struggle to fight for traders and replaced him with a newcomer.

Insiders are now alleging that the two leaders are fighting over a bribe they received during the EFRIS strike when traders closed their shops.

There is another allegation that Katongole was given money to go to the Eastern part of the country and mobilize traders to join the strike but he refused to go and decided to hide in Kampala.

When he was put under pressure to provide evidence that he traveled upcountry and had none, he was shown the exit.

When contacted, Kabanda confirmed the infighting, explaining that it is aimed at weakening his FUTA leadership and the trust that the traders have placed in them.

He revealed that even though he is receiving threatening messages, his resolve is still strong and he is ready to fight for all traders.

He denied allegations of mismanaging traders’ money.

By Timothy Nyanzi

Eunice Nabadda Kayondo the Administrator of the Estate of the late Dan Kayondo has dragged ABSA bank to the High Court Civil Division Kampala over allegations of stealing money for the dead.

Nabadda through her lawyers led by Ronald Ruhinda claims that she is a daughter to Kayondo who was also given powers by court to administer his Estate including the bank account number 0288045860 which is in ABSA Bank Luwum Street Branch in Kampala city.

In her affidavit, she told court that after securing the powers of administering her father’s bank account, she went to the bank and the bank’s managers verified and approved her documents declaring her as the single signatory of the said bank account.

She narrated that the bank took all the necessary requirements including her telephone number which was going to be used for subsequent notifications and alerts.

She added that she found Shs40m on her father’s bank account.

She divulged that since the day she took over the account, she has never withdrawn any money, but she was surprised to learn that the account had only Shs3m as outstanding balance recently.

She insists that the bank breached the confidence she entrusted them with and slept on the job thus she wants court to compel them to pay her for the damage they caused.

“The plaintiff shall aver and contend that the acts and omissions of the defendants (bank) affected the Estate adversely and shall seek general damages of Ug Shs100, 000, 000,” the lawyers stated in their plaint.

Nabadda added that because of the bank’s actions, she suffered great loss and mental anguish for which she wants court to award her special damages.

She further wants court to order the bank to return Shs40m that was removed from her bank account without her knowledge.

However, the bank through their lawyers led by David Mpanga denied all the allegations insisting that they were not aware of the said fraud.

By Sengooba Alirabaki