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    Top Court Bailiff In Trouble After Court Ordered Him To Vomit Shs650m, Be Prosecuted For Properties He Stole When Executing Court Directives…

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    Justice Musa Ssekaana the Head of the Civil Division of the High Court has made a landmark judgment directing Fredrick Byatukoreire a Court bailiff practicing with T/A Shrew Solutions Limited to pay Shs.650m or be arrested with immediate effect to face criminal proceedings on the offence of theft.

    In his judgment, the judge noted that Court Bailiffs don’t have immunity as officers of court to carry out illegalities when executing court orders and directives.

    He agreed with Oliver Namatovu the director of Engeye Bakery Limited through her lawyers led by Ronald Kayondo that Byatukoreire did not follow the directives given to him by the Court Registrar when carrying out the said execution hence committing criminal offences.

    In her affidavit, Namatovu told Court that Byatukoreire was hired by the directors of Engano Millers Limited to recover Shs20, 700,000 from her.

    She explained that to her surprise, Byatukoreire extracted a warrant of attachment in which he stated items which were extremely low and then proceeded to attach items which were not mentioned in the warrant of attachment valued at Shs.269,350, 000.

    She told the Court that the execution was carried out without her presence or her agents and neither the Court Bailiff nor Engano Millers Limited Directors contacted her to inform her that the process to attach her properties because of the debt had kicked off.

    She revealed that the respondents ignored a court order which she had secured directing them to first go on site and inspect the items which she used as security when securing the said loan that should be attached but instead they proceeded to attach wrong items.

    Namatovu stated that immediately after learning that her properties were taken by Byatukoreire, she reported the matter to police and to the Registrar who authorized the exercise but she was not helped that is why she decided to petition the Civil Division of the High Court by lodging a suit against the court bailiff and Engano Millers Ltd.

    The bailiff was accused of attaching properties which included; A mixer valued at Shs 2,600,000/=, an oven valued at Shs119,000,000/=, a rotary diesel oven valued at Shs35,000,000/= and another oven valued at Shs.38,000,000/=.

    In his response, Engano Millers Limited through their lawyers led by George Kasiisa submitted that it does not dispute that the execution process was handled by a court bailiff as required by the law.

    He added that the said court bailiff was appointed by court as an officer of court not his client after the applicant failed to pay his money and court sanctioned execution; so she cannot say that it was illegal.

    Kasiisa further submitted that if the applicant had any issue with the execution, they ought to have filed the appropriate application before the executing court instead of them filing an application for revision and setting aside the execution.

    He told court that the applicant’s contention is on the conduct of the bailiff when he attached items not listed which to the applicant are of a higher value than those stated in the warrant.

    On the said ground, he cited Rule 16 (3) and 24 (1) of the Judicature (Court Bailiffs) Rules provides for how such issues should be resolved.

    He submitted that the applicant never moved court to review the value of the items, there was no valuation report upon which an inference of under valuation could be drawn and that in the circumstances, the applicant’s submission is lacking in material and merit which resulted in criminality.

    Even though Byatukoreire didn’t defend himself over the matter, Kasiisa claimed that if the applicant is aggrieved by the Bailiff’s conduct, she has recourse under Rule 24 (1) and could  lodge a complaint with the Chief Registrar insisting that his client had no role to play in the execution process and wait in anticipation to a closure of the execution when it could receive its fruit, hence prayed that the court find that the execution was legal.

    In his judgment, the judge stated that the applicant produced evidence to show that the property that was attached by the bailiff was of higher value than that stated in the warrant.

    He added that there was evidence to show that the bailiff  attached items which were not mentioned in the warrant of attachment valued at Shs269,350, 000/= and as result of which the complaints were made to police and the deputy registrar.

    “This is a serious allegation of over attachment. Unfortunately, the facts stated in the applicant’s affidavit against the 1st respondent were not rebutted. It is now settled law that where facts are sworn in an affidavit and they are not denied or rebutted by the opposite party, the presumption is that such facts are accepted,” the judge stated.

    The judge wondered why the bailiff showed evidence on court record that he adhered to follow the  process stipulated by law when executing court orders including filing a copy of the inventory of the attached property before the court.

    He bailiff did not return the warrant of attachment by the 31st of January, 2019 as directed by the court hence the judge observed that the bailiff’s conduct even after the attachment left a lot to be desired.

    ” From the above circumstances, I am of the view that the 1st respondent acted unlawfully and in bad good faith when carrying out the execution of EMA 3042 of 218 arising from Civil Suit No. 1071 of 2017.

    The 1st respondent vandalized the applicant’s property by uprooting the power cabling and water cooling system together with the other machinery and equipment not mentioned in the decree. An execution is irregular when any of the requirements of the rules of court or for the time being have not been complied with. This issue is therefore answered in the affirmative” the judge stated.

    The judge however exonerated Engano Millers Limited explaining that there is no evidence showing that there was connivance or colludes between the creditor judgement and the bailiff which resulted in unlawful execution.

    The judge wondered why when the bailiff was directed to return the attached property of the applicant he refused.

    He added that his refusal implied that he has converted the goods to his own use or sold them illegally.

    He explained that the actions of the bailiff were unreasonable, irregular and illegal and indeed an act of contempt against an order of the court.

    “It is impossible to overlook the extreme business disruption caused to the applicant by the actions and refusal to comply with the orders of this court to release the property/items in wrongful and illegal attachment. Punitive damages would be awarded against the 1st respondent of Shs100,000,000/=,” he ruled.

    He added, “This court has a duty to protect the unsuspecting public or judgment debtors from such criminals who disguise themselves as court bailiffs and brokers to stem out the rogue elements.”

    He was further directed him to pay the value of the wrongly and illegally attached property worth a total sum of Shs400,770,000/= to the applicant, to pay Shs20,700,000/= to Engano Millers Limited, pay Shs. 100,000,000/= as punitive damages.

    Justice Ssekaana further ordered that Byatukoreire be arrested and prosecuted for theft or conversion or any other related offences forthwith.

    He was ordered to pay an interest of 20% per annum on all the awards from the date of the ruling, pay costs of the application to the applicant and to Enganno Millers.

     

    By Sengooba Alirabaki

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    CRIME

    Stanbic Bank In Trouble, Client Petitions Court After She Was Defrauded Of Shs68m Via Flexi Pay…

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    Stanbic Bank CEO Anne Jjuuko whose bank is under fire

    Nakku Joweria a resident of Kyebando has sued Stanbic Bank Uganda limited for failing in its duty of protecting her saving account leading to defrauding her of shillings 68 million which was withdrawn from her account in a period of 24 hours through Flexi pay an application she had never registered for.

    In a court case filed before the Commercial division of the High Court of Uganda and coming up for directions in the registrar Christa Namutebi’s chambers, on the 24th June, 2024 at 9:40am, Nakku Joweria through his lawyers of Kimanje Nsibambi Advocates contends that between 7th and 8th February, 2023, there was unauthorized withdrawal of 68 million shillings from her savings account No. 903000026244 via the Flexi Pay Banking, a platform of Stanbic Bank and a total of 28 unauthorized transactions were conducted by fraudsters who fraudulently accessed her account undetected by the bank.

    She questions how a savings account which had a transaction limit was significantly exceeded during the unauthorized and undetected fraudulent transactions which led to her losing her’ money.

    “Our client has been a loyal client of Stanbic bank since 2001 way before the implementation of the FlexiPay system and at no point did she sign up for or activate the flexi pay on her savings account. The 28 unauthorized withdrawals from our clients account using four unknown Airtel lines raises serious questions and/ or lapses on the part of the bank for which we hold the bank specifically liable for the loss since it was in a better position to detect and prevent this fraud had it exercised reasonable care to detect these suspicious 28 unauthorized transactions that took place within 24 hours on a savings account that was rarely operated by our client,” reads the documents in parts.

    She also questions the effectiveness of the bank’s authentication protocols with their flexi pay system, effectiveness of the transaction monitoring to the extent of allowing 28 unauthorized transactions within 24 hours using four unknown Airtel lines and significantly exceeding the account limit.

    Nakku wants court to direct Stanbic Bank to reimburse 68 million to her account that was fraudulently withdrawn and pay her the costs and damages.

    On 6th February 2023, Nakku Joweria lost her phones to the robbers on her way to work at around 9pm. She reported the incident to police at 9am and to the telecom companies on the 7th February 2023.

    However, the telecom companies MTN and Airtel couldn’t process the new simcards because she had misplaced her original National Identity card.

    The robbers used her MTN number to open up a wallet on the Flexi pay which number had four other Airtel numbers that don’t belong to her which they used to make 28 unauthorized withdraws of 68 million shillings from her Stanbic bank saving account on the 7th and 8th February in a space of only 24 hours.

    When she went to withdraw some money from her account on the 6th, March 2023 that’s when she realized that her money was fraudulently withdrawn from her account.

    She wrote to the bank manager complaining about the matter and the bank promised to do thorough investigations to reveal how the money was withdrawn by the fraudsters.

    Through her lawyers of Kimanje Nsibambi Advocates, she wrote a demand notice to Stanbic Bank manager to reimburse her money since it was their weakness and fault for failure to efficiently protect her account.

    The bank through Twine Arnold, the senior legal advisor, Risk and Dispute Management wrote back with an out of court settlement request.

    However, the bank had proposed to reimburse only 34 million out of the 68 million on the premise that the settlement shall not be taken as admission of liability by any of the parties, a proposal she rejected and instead thought for legal redress in the commercial court.

     

    By Sengooba Alirabaki

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    MY MONEY

    Minister Kabanda Panics As Traders Plan To Front Ssekitto To Battle Her For Kampala Central MP Seat…

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    KACITA'S Issa Ssekitto and Minister Minsa Kabanda

    Kampala City Traders Association (KACITA) spokesperson Issa Ssekitto has confirmed that come 2026, he is pondering contesting for the position of Kampala Central Division Member of Parliament as an independent.

    Ssekitto revealed that his decision was based on the number of requests he has received from desperate traders who think that the only way to fight bad policies and laws made against them is to have their own in the parliament to argue their case.

    It should be noted that when traders met President Museveni in May 2024 at Kololo independence ground, they warned legislators in parliament who have been passing laws against them that they are going to sponsor their own candidates against them come 2026.

    They claimed that the legislators and other leaders who they showered with votes in the previous elections have betrayed them and it is high time they take over the country’s leadership.

    Sources inside KACITA told theGrapevine that Nagenda Musoke their chairperson also plans to stand for a Member of Parliament in one of the constituents in Mukono district.

    John Kabanda also plans to stand as councilor representing Kampala Central Division on the Lord Mayor’s Council.

    The traders insist that Kampala city and Metropolitan senior minister Hajjat Minsa Kabanda has not helped them as a minister and accuse her of sidelining with their tormentors, especially the Uganda Revenue Authority (URA).

    Since 2023, Minister Kabanda has been conducting clandestine political mobilization to replace Muhammad Nsereko who declared that he is not going to contest in 2026.

    Because of Kabanda’s declaration, Bobi Wine’s elder brother Fred Nyanzi Ssentamu shifted his interest from contesting for Kampala Central MP Seat to Lord Mayor fearing that chances are high that Kabanda will defeat him.

    Traders want parliament to remove EFRIS and reduce taxes on commodities especially imported items.

    However, President Museveni assured them that his government will not accept their prayers because they are against the country’s development.

     

    By Hadijjah Namagembe

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    CELEBRITY GOSSIP

    Bank Bosses In Trouble For Allowing Sanctioned M7 Gov’t Official To Access Money On Her Account..

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    L-R: Agnes Nandutu, Goretti Kitutu and Speaker Anita Among were all recently sanctioned

    The Western powers have kicked off investigation into allegations that bank bosses in Kampala allowed President Yoweri Kaguta Museveni’s sanctioned government officials to access and use their financial services.

    Sources in one of the top banks intimated to theGrapevine that their boss has been summoned at their bank headquarters in the United Kingdom to record a statement detailing how the incident happened and why.

    Sources claim that this senior government official was informed early that President Museveni was briefed about her sanctions and when she asked her lawyers what the sanctions meant, they quickly advised her with immediate effect to rush to the bank and withdraw her money which she did.

    “She came herself and withdrew her money and went with it, but we don’t know whether our bosses were already informed about the sanctions,” a source said.

    This bank source narrated to us a scenario where the former Inspector General of Police Gen. Edward Kale Kayihura’s close relative was denied the opportunity to open a bank account in their bank on grounds that his father was sanctioned and their bank was not allowed to do any financial business with him.

    Recently, the State Minister for Lands Dr. Sam Mayanja revealed that retired High Court Judge Moses Mukiibi told him that because of the sanctions, he could no longer access his money in the banks.

    He added that they asked President Museveni to intervene.

    However, the judiciary last week issued a statement noting that Justice Mukiibi is receiving his retirement benefits as a retired judge.

    Veteran journalist Joseph Tamale Mirundi explained that western powers give a sanctioned official six months to clear whatever they have in their respective countries including repatriating their relatives from their countries.

    But Alex Waiswa Mufumbiro, the National Unity Platform (NUP) deputy spokesperson said that the sanctions take immediate effect and all the money on bank accounts and properties of the sanctioned persons in foreign countries is frozen immediately when the sanctions are announced.

    Mufumbiro’s explanation was supported by a powerful security officer who told theGrapevine that recently, President Museveni posted one of his sanctioned security chief to one of the neighbouring countries; however this officer failed to access his bank account and when he tried to fix his ATM card into the ATM machine, it was swallowed by the machine and he immediately called Museveni pleading with him to withdraw him from the said country.

    Recently, the United Kingdom sanctioned Annet Anita Among the speakers of parliament, Agnes Nandutu the former State Minister for Karamoja affairs and Mary Goretti Kitutu the former senior minister for Karamoja affairs.

    Other government officials who were sanctioned include; Gen. Kayihura, Lt. Gen. Peter Elwelu, Maj. Gen. Abel Kandiho, Maj. Gen. Sabiiti Muzeyi, Maj. Gen. Don Nabasa and a number of others including members of parliament.

     

    By Sengooba Alirabaki

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