Court summons bank over Katatumba's property
Feb 26, 2019
The summons follow a case filed in court against the bank by the children of the late Katatumba, who was the Pakistani Consul in Kampala and prominent businessman, seeking to recover sh21m insurance benefits.
COURT
KAMPALA- Mengo Chief Magistrate's Court has summoned Barclays bank to file defence concerning allegations that it has denied the children of late Boney Mwebesa Katatumba access to his insurance benefits.
On Monday, the court directed that the bank files its defence within 15 days from the date of service of the summons.
"You are hereby required to file a defence within 15 days. Should you fail to do so on or before the date, the plaintiff may proceed with the suit and judgement may be given in your absence," stated the summons signed by a magistrate.
The summons follow a case filed in court against the bank by the children of the late Katatumba, who was the Pakistani Consul in Kampala and prominent businessman, seeking to recover sh21m insurance benefits.
Katatumba's son, Jay Kagisha Katatumba suing through his attorney Angella Keihongani Katatumba, also the daughter of the late, sued the bank arguing that it denied them access to their father's insurance benefits.
According to Kagisha's documents filed through Tusasirwe and Company Advocates at Mengo Chief Magistrate's Court on Monday, he claims that they have suffered loss and damage over bank's failure to pay them their father's benefits.
Kagisha says the deceased opened and maintained a premium/prestige bank account during his lifetime.
"When Katatumba passed on, the bank undertook to pay the family the death benefits, only to back truck soon after the burial," he contends.
In breach of the contract, Kagisha says the bank on June, 7, 2017 offered to pay the beneficiaries of the estate of the deceased an exgratia payment of sh10m in vain.
The children of the deceased, therefore, wants court to compel the bank to pay them sh21m for the death gratuity at the rate of 25% per annum from Feburary 23, 2017 until payment is made in full.
They also seek general damages at a court rate of 8% per annum from the date of judgement until payment in full and costs of the suit.
Kagisha says the deceased opened up a premier bank account with the bank before the inception of the life insurance with Insurance Company of East Africa (ICEA) life insurance cover and he maintained it by paying the premium, which was deducted monthly from his account.
Contract terms
Court documents indicate that under the express terms, Katatumba would pay a monthly premium of sh66, 500.
"If the prestige account holder opened up the premier account before the age of 65, he would be entitled to a life insurance cover of sh21m up to the age of 70," according to the terms.
The terms also show that if the premier account holder was a member of the respective categories since the inception of the cover shall not be restricted to age as long as he or she remains a premier customer entirely.
The children submitted in court a copy of the summary of the key facts for the Barclays premier and prestige life insurance cover as evidence.
Court documents indicate that in 2018, justice Percy Night Tuhaise granted Kagisha powers to manage the father's estate.