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    KCB Bank In Trouble As Judge Allows Client To Prosecute Shs.27bn Fraud Loan Case… 

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    KCB bank branch in Kampala

    Justice Musa Ssekaana, the Head of the High Court Civil Division in Kampala has allowed a client to prosecute a Shs.27bn loan fraud case against Kenya Commercial Bank (KCB).

    Justice Ssekaana’s ruling follows a res judicata application filed by KCB bank Kenya and KCB Uganda challenging a lawsuit filed against them by Tirupati Development Uganda Limited insisting that they are prosecuting a legal matter which has been already settled by the courts of law.

    The bank claims that in 2017, they entered a consent judgement with the plaintiff and agreed to settle the matter out of Court which Court endorsed and it is illegal for the same institution to institute another lawsuit.

    However, in his ruling last week, Justice Ssekaana dismissed the application insisting that the lawsuit against the sister financial institutions be legally instituted.

    “When the previous decision was not made on merit, subsequent litigation between the same parties on the same subject matter, does not operate as res judicata,” the judge stated.

    He further noted that the case cannot be res judicata when there are other parties who joined the suit, KCB is jointly prosecuted with Bank of Uganda and Financial Intelligence Authority (FIA), who were not party to the previous settled lawsuit.

    According to the evidence filed in Court, Tirupati claims that in 2012, they entered a loan agreement with KCB Kenya and KCB bank Uganda to give them a syndicated loan amount to Shs.27bn.

    The plaintiff told the Court that the sister financial institution breached the loan agreement when they intentionally disbursed less amount of money according to what they had agreed, which resulted in a lawsuit in 2017 against the bank.

    Tirupati claims that the financial institution admitted the crime and promised to compensate the plaintiff through financing his running loan hence entered into a consent judgement which the bank violated.

    “In 2017, KCB consented that the firm owed them $5,972,237, the payment of which would result in release of their securities. Despite payment of $3,988,538 and debiting $995,466,78 by the bank from its account, the sums were not applied to loan repayments which should have substantially reduced the loan,” Court documents read.

    Documents further read that the bank acted fraudulently when it continued demanding Tirupati $4,564,859,28 which is not backed by any evidence and refused to even give out the bank statements on the said loan.

    Tirupati added that the bank refused to provide the breakdown of how the loan negotiation amount was arrived at.

    Tirupati claims that between 2014 and 2021, without authorisation, the bank used their bank accounts to transact varying amounts of money totaling Shs.307.7bn.

    The plaintiff claims that in 2016, the sister financial institutions opened and operated two separate dollar-denominated loan accounts in the names of Tirupati in their banks without Tirupati’s knowledge.

    Court documents further show that in 2017, KCB bank Uganda opened and operated another new dollar current account number 2290351628 in Tirupati names without the consent of the company which was fraudulent.

    The plaintiff told the Court that they noticed the illegality in 2018 and informed the defendant seeking for an explanation which they failed to give hence a decision was taken to institute a lawsuit against them.

     

    By Sengooba Alirabaki

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    CRIME

    TARGETED! Two Traffic Cops Killed In One Day, Directorate Vows To Bring Killers To Book

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    Two traffic police officers have been killed in a manner that looks targeted.

    Yesterday at Adwila on the Lira-Soroti Road, the Directorate registered a fatal accident involving a motor vehicle Registration number UG 0337G, a Ford Ranger belonging to the Ministry of Internal Affairs and a motorcycle Bajaj Boxer Reg. No. UEU 841C. The incident claimed the life of a traffic officer identified as PC Michah Muhindo.

    It is alleged that the driver, No 64670 PC John Oginere a police officer attached to the Ministry of Internal Affairs while driving from Soroti to Lira and upon reaching Adwila, knocked the rider, Bob Odongo, who lost control, and knocked PC Muhindo to death. The rider, too, died on the way to lira regional referral hospital.

    Traffic and Road Safety Directorate Spokesperson, ASP Faridah Nampiima says that the driver has been arrested and is in “our custody to help in investigations.”

    The second incident happened at 9:40pm last evening at Kakiri where a traffic officer identified as PC Sulah Kadede lost is life.

    The incident happened at Busaku village, Namayumba Town Council along the Kampala-Hoima road in Wakiso district while the deceased and another were responding to the scene of a minor accident.

    Earlier, there was an accident involving three motor vehicles registration numbers UAQ 541P T/Spacio, UAV 727G T/Mark 11 Grande and UAR 331R (Mitsubishi Canter).

    According to sources, PC Kadede together with PC Dramviku had responded to a single minor accident involving the Toyota Grande and guard rails at Busaku village.

    As the above motor vehicle was being loaded on the breakdown, a motor vehicle Reg. No. UAQ 541P T/SPACIO from Kampala side rammed into them, killing PC Kadede on spot and seriously injuring PC Dramviku and the driver of the breakdown.

    The injured victims were rushed taken to Mulago national referral hospital for treatment, while the body of PC Kadede was conveyed to the city mortuary for postmortem examination.

    According to Nampiima, the driver is on the run and “is being hunted.”

    “The festive season is here. Avoid over speeding, drink-driving and all other road indiscipline that can lead to loss of lives or damage to property.”

    Data shows that at least five people on average were killed by accidents involving boda bodas in Uganda last year. This is according to the police annual crime report, 2021.

    According to the report, there were 17443 road accidents reported in 2021, an increase of 42% from the 12249 reported the previous year.

    The report indicated that 3757 of the accidents were fatal, 9070 serious and 4616 were minor.

    According to the report, the accidents in 2021 led to 18035 victims, a big number of whom were killed.

    “There was a 14% increase in the number of people killed in 2021 to 4159 from 3663 in 2020. The number of motorists killed in the accidents increased by 21% from 1146 in 2020 to 1390 in 2021,” the report indicates.

    The report also indicates that 1384 pedestrians constituting 34% were some of the most killed category of people on the road in 2021.

    In total, the Greater Kampla Metropolitan Police region of Kampala, Wakiso and Mukono took the lion’s share in the number of accidents, with 836 incidents.

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    CRIME

    Justice Minister Mao To Meet Security Council Over Drone Abductions And Kidnaps…

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    Minister Norbert Mao

    Minister for Justice and Constitutional Affairs, Nobert Mao revealed that he was appointed as Chairperson of cabinet committee on human rights.

    Mao made these remarks today while appearing at the 27th joint Government of Uganda-Development Access to Justice Annual review at Speke Resort Munyonyo.

    Speaking at the event, Mao revealed that he has been tasked with his committee to look into the recent rise in cases of alleged kidnaps and abductions of people, mostly those leaning on the political opposition.

    He said, “Myself and the Attorney General have been asked to meet the security council over the increased reports of abductions and kidnaps.”

    Mao vowed to reach out on all people with missing relatives or friends to give them more information about the disappearance of their people.

    “Once we have got the details, we shall be presenting them before the Security Council.”

    He added that the committee will institute a human rights desk where all complainants of missing persons will be reported for response.

    Mao adduced that once it comes to their attention, they have the capacity to trace that person using their cameras.

    “The issue shouldn’t be politicized because it is sensitive and touches people’s lives. If it’s true they are abductions, these may be conducted by disgruntled people within government with the view of tainting its good image.”

    Mao contended that they will ensure that they do better so that when they come back for the 28th time they give themselves marks.

    According to Attorney General, Kiryowa Kiwanuka, this year’s review is being held against the background of a challenging year. The aftermath of the COVID-19 pandemic, which had probably challenging phenomenon, socially, economically and politically.

    He said, “Most specifically, the pandemic created unprecedented challenges and demands on access to justice community, but also tested the resilience and resolve of our coordination and collaboration model.

    “Our theme of the day is aligned with the national vision 2040 that seeks to consolidate the principles of governance, including constitutional democracy, protection of human rights, the rule of law, govt effectiveness and citizens participation in development processes.

    “President Eisenhower once said, peace and justice are two sides of the same coin. Let’s remember the need for both peace and justice, not just one of them.”

    Kiryowa further emphasized that all people with missing persons should report to them for a proper follow-up because they can’t act on allegations without facts and that he can’t follow up a case basing on rumours posted on social media.

    By Kalamira Hope

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    CRIME

    THE ACCIDENT IS FISHY: Lord Mayor Lukwago Orders Serious Investigations Into Why Subaru Driver Rammed Into His House…

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    Kampala Lord Mayor, Erias Lukwago has ordered for serious investigations into an accident that occurred at his home in Wakaligga, Lubaga division.

    Lukwago has called on the police to investigate the motive behind the driver who rammed into his house, which caused alot of anxiety among members of his family in the night hours of 4th, December, 2022.

    His stand follows an accident by the driver of a Subaru which crushed into the gate and hit one of the pillars of the house.

    “A short while ago, an overhasty and reckless driver of Subaru car registration number UAJ 704K rammed through the main entrance to my house, the gate forcefully flung open and badly damaged it, and the over speeding car then rammed into the pillar at the entrance to the sitting room,” Lukwago said.

    He added that following the accident, everybody was left into disarray since they didn’t know what was happening.

    He adduced, “The driver was either high on something which had intoxicated him or he was on a different mission, that is the reason we want this matter to be investigated.”

    The Subaru driver however defended himself noting that the car lost control and could not brake.

    “I tried to park against the wall but it kept going. I didn’t intend to cause any harm,” he apologized.

    Lukwago was however not convinced with the explanation insisting that if the car was moving by gravitational force, the distance from the gate to the pillar where the car landed is very small.

    “That impact you see on the pole, suggests something ‘fishy’ could have been intended and so that is where we have a problem and that is why we want the matter to be investigated.”

    The regional traffic Officer of Kampala Metropolitan Police North, Bruce Onibye, said that investigations are ongoing but the vehicle seems to have been in poor mechanical condition.

     

    By Kalamira Hope

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