Senior UPDF officer sued over suspect's car

A senior Uganda People's Defence Forces (UPDF) officer has been dragged to court over allegedly taking over a vehicle that he confiscated from a suspect.

Maj. James Nuwagaba, the commandant of the Fisheries Protection Unit, is being sued by the children of Fuuna Diaz Maloba at the Civil Division of the High Court in Kampala.

Anthony Wandera, Paul Wafula and Vincent Wafula say they were on October 20, 2017, wrongly arrested and charged with unlawful possession of substandard fishnets. They also say their car was impounded and parked at the Central Police Station Kampala.

Court records show that the plaintiffs were charged before Buganda Road Chief Magistrates' Court but were acquitted by Grade One Magistrate Gladys Kamasanyu.

Through Katende, Ssempebwa and Company Advocates, the trio seeks a declaration that the army officer and Government wrongfully and illegally impounded their father's Toyota Hiace registration number UAW 810.

"Our father is the lawful owner of the vehicle that was being used for passenger taxi business," Wandera states.

The plaintiffs say they have tried all measures to recover the car but have been frustrated and failed.

According to court documents, the vehicle is valued at sh48m.

The plaintiffs contend that the total expected earnings from the taxi business are sh4m per month.

They claim that they were supposed to get sh192m for the 48 months the vehicle had been missing.

They want court to compel the army officer and the Government to pay them special damages for loss of earnings for the period their car has been in the custody of the Police.

"We have greater right of ownership of the property in question than the respondents, who have since retained possession thereof," Wandera contends.

The court registrar, Sarah Langa has directed the army officer and the Attorney General, to file a defence in regard to the allegations within 15 days, lest it rules the case in favour of the plaintiff.