The High Court presided over yesterday by Justice Lydia Mugambe awarded Shs282 million to one Adrine Kemirembe as compensation after Police illegally auctioned her car.
The car in question was a Nisan Datsun Pickup truck registration Number UAE 130H that went missing on November 14, 2008 from Makerere University main Library parking lot. The car was being driven by Alex Ssebaggala, Kemirembe’s husband.
According to The Observer, Ssebaggala reported the missing car immediately at Makerere University Police post file number SD REF 28/14/1108 and at Kampala Central Police Station (CPS) ERU/999/CPSSD REF 15/29/12/0.
Nearly two years passed without Kemirembe hearing from Police about investigations but on April 26, 2010, her husband saw their missing car in Kisenyi. He hired it up to Makerere University Police Station where the driver Jamil Mutyaba and turn boy were arrested.
Mutyaba told Police during interrogations that the car belonged to one Anatolia Muleterwa, who was the then community liaison officer for Kampala Metropolitan Area. Court heard that the vehicle had been sold to Muleterwa’s wife Margaret Kizza at Shs1 million by auction. When confronted, Muleterwa asked Kemirembe to pay back the Shs 1 million that his wife paid for the car.
Muleterwa, now the head of community policing department, told Court that the auctioning was legal since there was a Court Order, authorizing the auction after the Custodian of Exhibits at CPS complained that they were congesting the Police Station.
However, in her Judgment, Mugambe said that she could not understand how a missing car that had been reported to Police was auctioned and how it had reached CPS.
“Needless to say, the close relationship of wife and husband between DW1 [Muleterwa] and Kizza Margaret who bought the car demonstrates a conflict of interest in DW1’s dealings in relation to this car…However more striking is the contradiction of DW1’s [Muleterwa] testimony when I look at the list of items the court authorized sale of and the list of items the auctioneer DW2 put up for sale. The plaintiff’s car is not listed in the court list – Exhibit D Exh1 but it’s listed in the auctioneers’ list for sale- annexure Dexh2.” Mugambe wrote in her judgment.
The lady justice said there is no satisfactory explanation why or how Kemirembe’s car illegally got listed on the auctioneer’s list that led to its illegal sale when it was not authorized by court in its order of December 17, 2009. The judge said it was clear and easy to infer that Muleterwa’s hand was behind the grand scheme to illegally sell off Kemirembe’s car.
Mugambe further said that Muleterwa was fully aware of the search operation for the lost car at the material time but went ahead to have it illegally sold to his wife.
Kemirembe had calculated loss of income at Shs50,000 per day for six days – totaling to Shs157 million but Mugambe reduced it to Shs120 million, saying the car couldn’t have been bringing full daily income for all the six days of every week through the years. She said some days would be unprofitable and it would have got worn out and the days of earning income would have reduced through the years.
Of the Shs282 million awarded to Kemirembe, Muleterwa was ordered to pay Shs50 million of it or be taken to prison. Court also awarded Kemirembe Shs 12m in recovery as the total value for her vehicle. The total Shs282m compensation will draw the interest of 15% pa from the date of the suit until paid in full.