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Assaulted police woman takes Kyaligonza to High Court, wants Shs200m
Interaction. Sgt Esther Namaganda speaks to a lawyer during a break at Mukono Magistrate’s Court last month. MONITOR PHOTO
What you need to know:
- Purpose. This is in general and punitive damages for injuries, more than Shs1m as special damages for injuries occasioned to her when she was allegedly assaulted by Gen Kyaligonza and his aides.
Kampala. The High Court in Kampala has been asked to enter judgment of Shs200m against Maj Gen Matayo Kyaligonza for allegedly assaulting a traffic police officer.
The request to court on July 3 by lawyers of the police officer, Sgt Esther Namaganda, followed the expiry of the 15 days in which the Ugandan ambassador to Burundi was required to respond to her case against him but failed.
“On the 11th of June 2019, the defendant (Gen Kyaligonza) was duly served with the summons and plaint along with accompanying annexures thereto through his advocates who acknowledged receipt of the same on his behalf and an affidavit of service is on record to that effect. We believe this was effective service as required by law,” reads in part a notice to court by Thomas & Michael Advocates, a law firm representing officer Namaganda.
“The statutory period (15 days) within which the defendant (Gen Kyaligonza) should have replied to this suit has since elapsed and there is no application for leave for extension of time on record. The purpose of this letter, therefore, is to humbly pray that judgment in default against the defendant be entered as under Order 9 Rule 10 of the Civil Procedure Rules,” it adds.
Presiding judge Wilson Kwesiga will look into the request and decide whether to order Gen Kyaligonza to compensate Ms Namaganda or give him another opportunity to respond to the suit and hear the merits of the case.
The suit arose last month when officer Namaganda sued Gen Kyaligonza in the High Court in Kampala seeking Shs200m in general and punitive damages for injuries, more than Shs1m as special damages for injuries occasioned to her when she was allegedly assaulted by Gen Kyaligonza, a retired army officer.
Ms Namaganda states that on February 24, 2019 while on duty at Seeta Trading Centre in Mukono District controlling traffic flow from Kampala to Mukono with the help of her two colleagues - police constable Solomon Nkubito and William Ariku - a car belonging to Maj Gen Kyaligonza from Kampala approached and indicated it was making a U-turn.
Shocked
The traffic police officer states that Gen Kyaligonza’s driver insisted on making the U-turn even when she signalled to him to make a proper turn at fuel station but they defied.
“To the utter shock of the plaintiff (Ms Namaganda), the defendant’s aides jumped out off the car and assaulted the plaintiff by holding her collar in a bid to get her off the road,” Sgt Namaganda states in the suit.
“A scuffle ensued for about five minutes where the defendant (Gen Kyaligonza) also came out of his car, insulted the plaintiff (Ms Namaganda) calling her stupid sergeant and then grabbed the plaintiff’s lanyard which tore off two buttons from her blouse, exposing her chest and this inflicted pain on her left breast,” she adds.
She asserts that she underwent various medical examinations and scans from various hospitals where she received treatment for the injuries at her cost because of the assault by Gen Kyaligonza and his aides.
Gen Kyaligonza is also facing criminal proceedings before Mukono Magistrate’s Court where he has never appeared to enter plea despite repeated criminal summons and arrest warrants issued against him. The criminal case resumes today.
