Category: Justice

{The Court of Appeal has dismissed an appeal lodged by a resident of Chato district in Geita Region, Shija Juma, challenging the life imprisonment sentence imposed on him for raping his neighbour’s three-year-old girl.}

Justices Engela Kileo, Sauda Mjasiri and Bethuel Mmilla ruled against Juma, the appellant, having noted that there was overwhelming evidence showing that the offence of rape was proved beyond reasonable doubts by the prosecution.

“The sequence of events as narrated (by the mother of the victim) provided a clear and concise account of what had transpired. Her account is fully supported by the testimony of the medical doctor.

We therefore have no basis of disturbing concurrent findings of facts of the two courts below,” they said. According to the justices, both the trial court and the first appellate court (High Court) reached a concurrent finding that the appellant had sexual intercourse with the victim and the two courts reached that finding after believing the evidence of the victim’s mother, which was corroborated by the doctor.

They also noted that the conduct of the appellant during the trial left a lot to be desired. It is on record that he jumped bail for almost two years. The appellant also escaped when being held by the Village Executive Officer prior to being taken to the police.

The justices said, therefore, that an adverse inference could be drawn against the appellant for running away. During hearing of the appeal, Juma had complained, among others, that he was condemned unheard, which resulted into trial court to convict him of the offence and sentenced in absentia.

However, in the instance case, the justices said, the complaint raised by the appellant has no basis because he jumped bail and did not appear in court for hearing before the close of the prosecution case.

The case proceeded in his absence in terms of section 226 (1) of the Criminal Procedure Act. They noted that the appellant was arrested nearly two years after the judgment was pronounced.

He was taken before the trial court in line of section 226 (2) of the CPA in order to explain his absence. “He failed to come up with any viable explanation for his absence,” the justices concluded.

It was alleged during the trial that on the material day when the offence was committed, the little girl had accompanied her mother to the farm. While her mother was working in the farm and the little girl was eating yams, along came the appellant, who was the neighbour with the victim’s mother.

The appellant volunteered to take the girl home. The mother readily allowed her daughter to leave with the appellant. No sooner had they left the girl came back to the farm crying and she was holding her skirt and walking with difficulty in short paces.

She informed her mother that the appellant had raped her. The mother was shocked and in disbelief went straight to the appellant’s house, but could not find him. She went to a shopping centre where she found the appellant’s father, the appellant himself and her husband.

The mother narrated to them what had transpired. She later reported the incidence to the Village Executive Officer, who ordered the arrest of the appellant. While being held by the village officer, the appellant broke the lock and ran away, but he was eventually arrested by the victim’s father.

{Tanzanian woman, Jane Masabali, has lodged a preliminary objection at the Kisutu Resident Magistrate’s Court in Dar es Salaam seeking abatement of the adultery case against former Geita Member of Parliament (MP), Donald Kelvin Max (deceased).}

Through her advocate Capt. Ibrahim Bendela, the woman, who allegedly claimed to be the second wife of the ex-law maker, is seeking abatement of the case lodged by Russian lady, Mrs Elena Donald Max due to the death of her husband, who was also the second defendant in the matter.

Ms Masabali, who is the first defendant in the case, states in the grounds of objections that following the death of the former MP under CCM ticket, the Russian lady, who had been claiming to be the lawful wife of Max, lost the right to sue not only her (Ms Masabali) but also the deceased.

The case came for hearing before Principal Resident Magistrate Waliarwande Lema on Thursday. However, the session could not proceed because the advocate for the Russian woman, Mr Peter Bathuel, informed the court that the objections raised were similar with those raised earlier last year.

According to the advocate, such grounds were overruled by another magistrate, who heard the case at the preliminary stage on July 6, last year, He, therefore, questioned the rationale behind for counsel for the first defendant to raise them back a long time after the death of the MP in June last year. C

apt. Bedera however countered the argument presented by his co-advocate, submitting that the two sets of objections were filed under different laws. The previous objections, he said, were lodged in court under the Law of Marriage Act, while the present ones have been brought under Civil Procedure Code.

After hearing the arguments from both sides, Magistrate Lema said she would go through the case file to see or otherwise the similarities of the laws used in the two sets of grounds of objections and she would deliver her ruling on the matter on April 20.

In the main suit, Elena Max, who is suing through Rosemary Huhoja Max, seeks for declaratory orders over illegal marriage the former MP allegedly contracted with Jane. She also demands damages for alleged adultery.

Elena claims to be the legal wife of the late MP and that she discovered that her husband had contracted another marriage with Jane, who is claimed to have been collecting funds for purportedly assisting her and the legislator who was sick.

It is alleged in the plaint of the suit that on April 20, 1991, the plaintiff and the second defendant got lawful marriage in the Republic of Russia, following a certificate of no impendent issued by the Registrar of Marriage in Tanzania.

Having gotten married, the duo worked for gain sometimes in Russia and in the United Kingdom and were blessed with one child, who was born in London on November 13, 1992.

In 1995, the alleged couple moved to Geita as Mr Max was appointed the General Manager with Copcot Ginnery. Later, it is alleged that the first defendant (Jane) was employed as an office attendant, then a cook and thereafter as store clerk at the same Ginnery in the year 2001/2002 or there about.

All along, Jane allegedly knew of the marital status of the plaintiff and the second defendant. Due to the financial expedience and with the consent of the MP, the plaintiff and her son left for Russia to enable the son to obtain better education at Russian government’s expenses.

It is alleged that the couple agreed they would be spending some time in Russia or Tanzania so as to consummate their marriage and execute development plans and projects for the benefit of the family, a matter which they adhered to.

However, in the year 2013, the plaintiff got knowledge that the first defendant was “going around purporting to be the wife of the second defendant and she collected substantial sum of money for her own subsistence and travel as the wife of the (MP).”

Mrs Elena Donald Max claims further that Jane had also been collecting the money for up keep of the legislator in hospital in India, a matter which prompted her and her son to come back to Tanzania in April, last year before the usual visitation time, with a view of following up the facts of the matter.

The plaint of the suit shows that the plaintiff “noted that the first defendant had enticed and clandestinely got married to the second defendant in spite of the restriction in the marriage celebrated by and between the plaintiff and the second defendant which declares the marriage to be monogamous.”

{The High Court’s Commercial Division has ordered three individuals, including Ntui Commercial Company and Company officials, Mr Edward Pius Ndoghwe and Mr Jumanne Ali Hante to pay over 187m/- to Stanbic Bank Tanzania Limited, as rental arrears of a bulldozer.}

Judge Haruna Songoro ruled against the three individuals, who were defendants in the matter, after granting the commercial dispute filed by the Bank, the plaintiff, through legal services of Advocate Paschal Kamala from Kesaria and Company Advocates.

“All the three defendants jointly and together are ordered to pay the plaintiff’s claim for rental arrears and costs incurred in pursuing the suit.

Right of appeal is fully explained to the parties,” the judge declared. He said that the evidence produced by plaintiff’s witness was supported by the lease agreement which established that the new bulldozer was rented to Ntui Commercial Company and in return the company undertook to pay to the plaintiff’s bank a monthly rent of 8,239,893.49 for a period of 36 months.

“The court perused through details of the bank account of Ntui Commercial Company Limited, in which rental payments were being made and found out that some monies were paid by the first defendant but from August 18, 2009 there was an accumulation of outstanding rent of 187,249,290/19, which was still unpaid,” he said.

According to the judge, the other reason which supported the court’s finding that the debt has remained unpaid was that the Company and even its guarantors did not produce in court as exhibits such as bank slips that show that the entire debt has been paid.

“So, in the absence of bank pay slips proving repayment of the loan in full, the only inference left with the court is that part of the loan has not been paid,” Judge Songolo concluded.

In the suit, the defendants had lodged a counter-claim for 150m/- payments, general damages and other costs.

In the judgment, however, the trial judge has this to say, “Without repeating too much on the defendants claims on counter claim and claim for special damages, I have decided earlier that were not strictly proved as required by law and they all fail.”

The bank had alleged that on June 7, 2007, it availed credit facilities to Ntui Commercial Company, the first defendant, for the purpose of funding the acquisition of tractors (1X Brand New Shantui Dozer, Model SD23). Subsequently on August 30, 2007, the Bank and Ntui Commercial Company executed lease agreements in connection with the facility.

It was alleged that the Company’s obligations to the Bank were guaranteed by Mr Ndoghwe and Mr Hante, the second and third defendants, respectively.

The Plaintiff Bank stated that the first defendant was in breach of its repayment obligation and has defaulted in paying to the Bank the monthly amounts due under the lease agreements.

Consequently, the plaint of the suit alleges, an event of default occurred and as a result of the first defendant’s breach the Bank was entitled to demand and recover the full balance outstanding and due from the first defendant to the plaintiff under the aforesaid facilities

{Kampala- For pouring acid on his former girlfriend who later died of the injuries, he will serve 25 years in jail.}

Steven Muhingo, alias Masumu, was convicted by Justice Masalu Musene of the High Court after pleading guilty to the count of murder.

“…it was not necessary to pour acid on her despite the small grudges you had. You would have recalled the good old days you had with her,” Justice Musene said as he castigated Muhingo whom he described as a cold-blooded killer.

“Whoever takes someone else’s life needs a strong punishment to deter would-be offenders in society. If you had denied the case, you would have received life imprisonment. This court, therefore, sentences you to 25 years in jail,” the judge ruled.

{{The case}}

During the trial, prosecution stated that on June 10, 2012, at around 10pm at Amazon Zone in Makindye Division, Kampala, the deceased Edith Mbabazi, was with her sister Hope Kenyena as they walked with a friend.
Ms Kenyena stopped at the gate of their residence while the deceased proceeded with the visitor outside. Before Kenyena entered the house, she heard Mbabazi screaming and calling for help, saying Muhingo had poured acid on her head.

Kenyena rushed out and found Muhingo and another man standing around Mbabazi. She said upon seeing her, the two men ran away.

Other people who were attracted by the deceased’s screams came and took her to Nsambya hospital while she kept murmuring that it was Muhingo who had poured acid on her. Mbabazi succumbed to the acid injuries eight hours later.

Meanwhile, another High Court session before Justice Elizabeth Kabanda, has remanded a 45-year-old man to Luzira prison on charges of defiling his nine-year-old daughter well knowing he is HIV-positive.

Justice Kabanda read to Denis Ssebugwawo a charge of aggravated defilement. He denied the charge.
The case against Mr Ssebugwawo, a resident of Kinawa Zone in Wakiso District, comes at a time when the same court remanded Muhammed Sseggwanga Balikyewunya, also HIV-positive, to Luzira prison on charges of impregnating his 15-year-old daughter he fathered with his sister.

Ssebugwawo’s former landlady Hadijah Nakwelo, testified before court that the girl reported the incident to her. She said the girl was filled with fear because the father had threatened to harm her if she revealed their affair to anyone.

“A day before the dreadful incident, I saw Mr Ssebugwawo take his wife and other children to the village, but returned with the nine-year-old daughter in the night.

The following morning, I saw the girl walking around the compound with difficulty. When I questioned her, she whispered that her father was in the house and refused her to talk about what had happened. But later when he (Ssebugwawo) left the house, the girl said he had had sex with her,” Ms Nakwelo testified.

Ms Nakwelo further testified when she went to report the matter to the local council secretary for women in Kinawa Zone, the accused followed her there and openly confirmed having committed the offence before pledging to pay for treatment of the victim.

Court adjourned the hearing to March 29.

{The General Court Martial has suspended the trial of former coordinator of Intelligence Services Gen David Sejusa following orders of the High Court.}

However, the army court will continue to keep him jail until he applies and gets bail from the High Court’s Criminal Division.

On March 14, Justice Margaret Oguli Oumo ordered the General Court Martial at Makindye in Kampala to stop Gen Sejusa’s trial until determination of his petition in the High Court whether he is still a serving army officer or not. The judge also advised Gen Sejusa to apply for bail in the High Court.

“The proceedings in this matter are hereby suspended. But the accused will stay on remand as per the order because this court respects the order,” the military court’s chairman Maj Gen Levi Karuhanga, ruled. He rejected the application by Gen Sejusa’s lawyers to release the accused unconditionally.

Maj Gen Karuhanga remanded him to Luzira Prison until March 31.

Mr David Mushabe, one of Gen Sejusa’s lawyers, told the military court that the application in the High Court on whether Gen Sejusa is a retired or serving army officer had been fixed for hearing on April 5 and the hearing of the application for bail was set for April 1.

Gen Sejusa petitioned the High Court seeking a declaration that he was constructively retired from the army and therefore no longer subject to martial law.

He is charged with participating in partisan politics, absconding from duty and insubordination, contrary to the military law.

The prosecution states that on November 4, 2015, when Dr Kizza Besigye was nominated as presidential candidate for the Forum for Democratic Change, Gen Sejusa, a senior army officer, attended his rally at Nakivubo Stadium in Kampala, addressed the public and canvassed support for the Opposition candidate, contrary the Political Parties and Organisations Act.

{A High Court Judge has recused himself from hearing the murder case against city businessman Andrew Kananura commonly known as Desh Kananura.}

Justice Masalu Musene on Tuesday withdrew from the case citing local newspaper reports that accused him of having personal interest in the matter, a reason it has dragged on since 2013.

Justice Musene explained that there was a bold headline ‘it’s not yet over’ in a local newspaper on a story alleging that while he was at Nakawa High Court, he rejected the transfer of the case to the High Court in Kampala.

“… the same newspaper stated in its story that a year later when the case was transferred to the High Court, I was also transferred purposely to hear it,” Justice Musene said.

“The image portrayed by this newspaper showed that I had personal interest in this case. I not only have 40 cases in this session, there over 300 others waiting for me to hear,” he said.

Adding that: “…put this on record, for justice to be served, I decline to hear this case and therefore refer it back to the Deputy registrar High Court Criminal Division for reallocation.”

Desh is charged with murdering Badru Kateregga, who was an employee at his Panamera Bar in Naguru, four years ago. He is charged with four others who include; his brother Raymond Kananura, Cyrus Maganda, Samuel Muzulewa and Jacob Onyango.

In 2014, the case stalled after state continuously swapped prosecutors whenever it was fixed for hearing. The last prosecutor Ms Jane Okuo sought court to adjourn the matter to another criminal session in 2015 citing it is not a simple matter since she had over 40 witness statements for each of the accused persons.”

This is the third time that the case was fixed for hearing in a criminal session.

Prosecution states that on September 31, 2012 at Desh’s Panamera Bar, the accused persons beat and killed Kateregga, a bar attendant, over Shs30, 000 the deceased had received as a tip from a customer.

On January 19, 2013 Mr Desh who had left the country after Kateregga’s death, was arrested at Entebbe Airport on his return from the UK.

Three days later, he was charged and remanded to Luzira Prison for murder. In February 2013 the High Court released Mr Desh on a Shs20million bail.