A prominent businessman in Kabale town has won a suit against Centenary Rural Development Bank-CERUDEB for impounding his property, URN reports.
In
May 2018, Moses Sunday obtained a loan of Shillings 25 million to increase
stock in his business.
He staked his Canter vehicle registration number UAY 115A and house all valued
at Shillings 125 million as collateral. According to the loan agreement, Sunday
was supposed to service the loan within a space of two years.
However, on January 10th 2019, CERUDEB loans department officials
and Caro Natukunda T/A Associates, Auctioneers & High Court Bailiffs
impounded his vehicle on grounds that Sunday had failed to clear the loan.
This forced Sunday to drag CERUDEB and Caro Natukunda T/A Associates,
Auctioneers & High Court Bailiffs to Court through his lawyers M/S
Twikirize & Company Advocates under Miscellaneous 001 of 2019 of Kabale
High court.
Sunday argued that Caro Natukunda T/A Associates, Auctioneers & High Court
Bailiffs that impounded his vehicle isn’t known and licensed by the office of
the court registrar. He also said that he was not served with a hearing
notice about the matter.
Sunday explained that by the time his vehicle was impounded he had paid back
Shillings 8 million and was ready to pay the remaining installments as
agreed. On Wednesday, the Kabale High Court Judge, Justice Moses Kamumi
Kazibwe delivered a judgment that was read for him by the Kabale High Court
registrar, Didas Muhumuza in favor of Sunday.
He said Caro Natukunda T/A Associates, Auctioneers & High Court Bailiffs
impounded Sunday’s vehicle illegally because it is not licensed. Kazibwe also
said that the Grade I Magistrates Court illegally exercised the duty of
clearing Centenary Bank and the Bailiff to impound the vehicle because it has
no jurisdiction to do so since the amount exceeded Shillings 20 million, which
contravenes, the Magistrates Courts (Amendment) Act No.2 of 2007.
Justice Kazibwe also noted that the applicant was never given time to defend
himself and that all the steps taken to impound his vehicle were
illegal. He also ordered CERUDEB to return the impounded vehicle to Sunday
and compensate him damages and costs of the suit.
Sunday hailed the judgment and commended court for defending his
rights. The CERUDEB Manager Kabale Branch, Edmond Muhumuza declined to
comment on the matter when contacted by our reporter.
