Court orders Kawaala parking yard to pay Spear Motors UGX 165 million

Kampala, Uganda | THE INDEPENDENT | Samuel Walusimbi, the proprietor of Kawaala parking yard and Ronald Ssempala are in trouble for selling off a bus belonging to Spear Motors. Justice Musa Ssekaana has directed the duo to pay Spear Motors and Bukonko traders and Transport bus company Shillings 165 million.

It stems from a joint application filed by Spear Motors and Bukonko Traders and Transport Bus Company in 2016 accusing Samuel Walusimbi, Ronald Ssempala and Julian Nyabuhara, a court bailiff of wrongly disposing off Mercedes Benz Atego bus registration number UAF 132Y belonging to Spear Motors.

Bukonko Traders and Transport Bus Company had bought the bus from Spear Motors at Shillings 165 million and remained with an outstanding balance of Shillings 60 million. The company parked the car at Kawaala parking yard and agreed to pay Shillings 3000 each day.

According to the bus company, they paid the dues to Ronald Ssempala and his son, Nicholas Kigozi through mobile money transfers. However in 2012, the defendants went to Mengo Chief Magistrate’s court claiming that they hadn’t received any payment.

The magistrate’s court entered a default judgment in favor of the applicants since the bus company didn’t file its defense. Court ordered the complainants to sell off the bus to recover the money owed by the bus company. However 2016, Spear Motors ran to court saying the sold vehicle was theirs not for the bus company.

Spear Motors argued that the bus company had an outstanding balance and that the bus hadn’t been transferred in the bus company names. Court also heard that after attachment, the bus was destroyed as scrap and chopped to pieces such that it was not even available for viewing or any other examination.

In his ruling, Justice Musa Ssekaana said the court bailiff and complainants in the Mengo Case were supposed to ascertain the ownership of the vehicle before selling it off. Quoting Section 44(1) of the Civil Procedure Act, Cap 71 Ssekaana said that property liable to attachment and sale in execution of a decree should belong to the judgment debtor or over which or the profits of which he or she has a disposing power which he or she may exercise for his or her benefit.

“In trying to enforce the ex parte judgment in the Mengo case, the defendants attached and sold the bus describing it as scrap without taking the basic effort and proper care to establish the ownership of the bus and whether it was subject to attachment” read part of the judgment. He ordered Samuel Walusimbi, the proprietor of Kawaala parking yard and Ronald Ssempala to pay Spear Motors Shillings 165 million.

He also awarded Bukonko Traders and Transport Bus Company Shillings 30 million in general damages and lost income at an interest rate of 10 percent from the date of filing the suit until full payment.

He didn’t fine Julian Nyabuhara, the court bailiff because he only executed court orders.

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