From the Gallery; The British Court of Justice has ordered a London-based Ugandan journalist, Dr. Jesse Mashate, to stop making false claims against President Yoweri Kaguta Museveni.
"Be an extended civil restraint order imposed on the claimant stopping him from applying for making any claims or applying for any orders against the defendant without the permission of the judge, and without notice,” the order read.
The court was dismissing a case in which Mashate had obtained a default judgment with orders compelling President Museveni to pay £57m (about sh232.6b) including accumulated interest from 2010 as compensation to him (Mashate) for loss of business. The court also refused Mashate permission to appeal against its orders.
In the November 4 ruling, Justice Seymour, QC, also rejected Mashate’s request to appeal against his judgment. The team defending President Museveni included Kampala-based lawyers Dr. Charles Kallu-Kalumiya, Peter Kabatsi and Joseph Matsiko, all of Kampala Associated Advocates.
The judge also ordered Mashate not to sell Ugandan properties in London.
Mashate had dragged the President to the British court in London, initially, in his personal capacity as Museveni, claiming that he had breached a gentleman’s agreement “evidenced in writing” to compensate him for his newspaper, The Weekend Digest, which the Ministry of Information and National Guidance had closed down in 1986.
However, according to the court record, which the New Vision saw, Mashate, later sued Museveni as the President of Uganda, while at some stage he also involved the Government of Uganda.
The court also ordered Mashate to pay £90,000 as costs of the case, with a breakdown of £50,000 to Museveni and £40,000 to Uganda Property Holdings (UPH) Limited, a company controlling the Uganda Government properties in the United Kingdom and elsewhere abroad.
Earlier, the court had heard that in 1986, the Government closed Mashate’s news bulletin, The Weekend Digest, published in Kampala.
It was also alleged that while attending the 1997 CHOGM business meeting in London, Museveni met Mashate and allegedly promised to pay him (Mashate) $10m (£6.8m) as compensation for the banned publication.
When Mashate realised the payment was not forthcoming, he sued the President in his personal capacity as Museveni and during all the proceedings, Museveni did not appear in court. Mashate applied and obtained a default judgment against Museveni.
Publish Date: Nov 21, 2011 http://tinyurl.com/8967jeh (C)
Friday, November 25, 2011
Friday, November 11, 2011
Kampala Taxi Session on AddisTunes.com
Check out the music review column under the tittle Kampala Taxi Session on www.AddisTunes.com
In the column, we bring out the latest hit music from the streets of Kampala, interviews with the artists and producers and much more.
Check us out at www.AddisTunes.com
In the column, we bring out the latest hit music from the streets of Kampala, interviews with the artists and producers and much more.
Check us out at www.AddisTunes.com
News reel
http://news.ebruafrica.com/africa/turkiye/southern-sudanese-community-celebrates-new-state
Wednesday, September 7, 2011
Immunity Against former VIPs
Gilbert Bukenya and Donald Rumsfeld face a similar court ruling, though on different sides of the ocean. All are in court battles, pleading to the journeys on the pedal of immunity against the charges they face.
From the Desktop.
Kampala: FORMER Vice President, Prof. Gilbert Bukenya has no presidential immunity and therefore must stand trial over the CHOGM vehicles procurement process, the Constitutional Court ruled this morning.
“We emphasise that immunity is a right or privilege given by law. It cannot therefore be inferred from language used. There must be clear and unequivocal expression conferring that right of privilege… Had the promulgators of the 1995 Constitution so wished, they could have, with ease, used similar language. Thus no one else, not even the President who delegates or assigns duties can grant that immunity to anyone else…,” the five Justices unanimously ruled.
In July, the Constitutional court halted the criminal proceedings against Bukenya at the Anti-Corruption Court, pending the hearing and determination of his Constitutional petition challenging the proceedings.
Washington: A federal district court judge in Washington, D.C., determined that a lawsuit filed against former Defense Secretary Donald Rumsfeld could go on. This was despite claims from Rumsfeld and the Obama administration that he should be immune from suit. After assessing the claims of "John Doe," Judge James S. Gwin found that American citizens don’t lose their constitutional rights simply because it's wartime.
"The court finds no convincing reason," wrote Gwin, "that United States citizens in Iraq should or must lose previously-declared substantive due process protections during prolonged detention in a conflict zone abroad."
On Monday, a three-judge panel from the Chicago-based 7th Circuit Court of Appeals came to pretty much the same conclusion. Reviewing a different lawsuit, filed by two different military contractors, alleging similar forms of abuse at the same camp, the panel determined, with one judge filing a partial dissent, that their suit against Rumsfeld could proceed..
As Adam Serwer explained a week before: "When deciding whether or not these cases are allowed to go forward, judges have to assume that the plaintiff's version of events is 'reasonable.' So part of what Rumsfeld and his team have to argue is that even if the allegations were true, the law doesn't allow Doe to sue the government for torturing him and detaining him without trial."
From the Desktop.
Kampala: FORMER Vice President, Prof. Gilbert Bukenya has no presidential immunity and therefore must stand trial over the CHOGM vehicles procurement process, the Constitutional Court ruled this morning.
“We emphasise that immunity is a right or privilege given by law. It cannot therefore be inferred from language used. There must be clear and unequivocal expression conferring that right of privilege… Had the promulgators of the 1995 Constitution so wished, they could have, with ease, used similar language. Thus no one else, not even the President who delegates or assigns duties can grant that immunity to anyone else…,” the five Justices unanimously ruled.
In July, the Constitutional court halted the criminal proceedings against Bukenya at the Anti-Corruption Court, pending the hearing and determination of his Constitutional petition challenging the proceedings.
Washington: A federal district court judge in Washington, D.C., determined that a lawsuit filed against former Defense Secretary Donald Rumsfeld could go on. This was despite claims from Rumsfeld and the Obama administration that he should be immune from suit. After assessing the claims of "John Doe," Judge James S. Gwin found that American citizens don’t lose their constitutional rights simply because it's wartime.
"The court finds no convincing reason," wrote Gwin, "that United States citizens in Iraq should or must lose previously-declared substantive due process protections during prolonged detention in a conflict zone abroad."
On Monday, a three-judge panel from the Chicago-based 7th Circuit Court of Appeals came to pretty much the same conclusion. Reviewing a different lawsuit, filed by two different military contractors, alleging similar forms of abuse at the same camp, the panel determined, with one judge filing a partial dissent, that their suit against Rumsfeld could proceed..
As Adam Serwer explained a week before: "When deciding whether or not these cases are allowed to go forward, judges have to assume that the plaintiff's version of events is 'reasonable.' So part of what Rumsfeld and his team have to argue is that even if the allegations were true, the law doesn't allow Doe to sue the government for torturing him and detaining him without trial."
Sunday, July 10, 2011
The death toll in a plane crash in the Democratic Republic of Congo has dropped to 82, the state news agency reported Saturday.
Rescuers pulled 36 survivors from the wreckage, including two children who are under the care of the U.N., state news agency ACP said.
The Boeing 727 operated by Hewa Bora Airways had 118 onboard. It was trying to land in bad weather when it crashed and hit an obstacle on the ground, according to state media.
Among the fatalities were three soccer referees, who were scheduled to officiate a national league match on Sunday, the news agency said.
A Congolese army general who heads the fight against Ugandan guerrillas in the nation's restive eastern region was among the survivors, the news agency reported.
The plane was originally headed from the capital of Kinshasa to the eastern city of Goma, according to the news agency, but crashed during a scheduled stop in Kisangani.
Hewa Bora is one of many African airlines banned by the European Union due to security concerns. It is the second fatal accident involving the airline in three years, after its DC-9 airliner ploughed into a suburb of the eastern Congolese city of Goma, killing 44, in 2008.
In April, 32 people were killed when a UN plane crashed as it tried to land at the airport serving Congo's capital Kinshasa. The operator of the plane was Georgian flag carrier Airzena Georgian Airways.
Rescuers pulled 36 survivors from the wreckage, including two children who are under the care of the U.N., state news agency ACP said.
The Boeing 727 operated by Hewa Bora Airways had 118 onboard. It was trying to land in bad weather when it crashed and hit an obstacle on the ground, according to state media.
Among the fatalities were three soccer referees, who were scheduled to officiate a national league match on Sunday, the news agency said.
A Congolese army general who heads the fight against Ugandan guerrillas in the nation's restive eastern region was among the survivors, the news agency reported.
The plane was originally headed from the capital of Kinshasa to the eastern city of Goma, according to the news agency, but crashed during a scheduled stop in Kisangani.
Hewa Bora is one of many African airlines banned by the European Union due to security concerns. It is the second fatal accident involving the airline in three years, after its DC-9 airliner ploughed into a suburb of the eastern Congolese city of Goma, killing 44, in 2008.
In April, 32 people were killed when a UN plane crashed as it tried to land at the airport serving Congo's capital Kinshasa. The operator of the plane was Georgian flag carrier Airzena Georgian Airways.
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