By Sania Babirye
The High court in Kampala has dismissed an application that was seeking orders to have the body of the late Ivan Ssemwanga exhumed after he was buried with legal tenders.
On Monday, high court judge Marget Oguli -Oumo declined to grant a concerned citizens Abey Mgugu’s request in which he sued A-plus funeral management that was in charge of the burial and funeral arrangements on grounds that A-plus was not responsible for the supervision and enforcement of respect of currency notes in its contract with the deceased’s family.
Justice Oguli Oumo has also ruled that Mgugu does not have a cause of action against A-plus because it’s not the company that threw money into Ssemwanga’s grave, some thing which would have given rise to this case.
She has further exonerated Bank of Uganda which the petitioner had accused of neglecting its statutory duty to protect currency on grounds that the Bank of Uganda Act gives it no duty to enforce respect of the Ugandan currency and those from other jurisdictions such as the US dollar and the South African Rand that Mgugu claims were also thrown in Ssemwanga’s grave.
Mgugu had petitioned the high court because he wanted Ssemwanga’s grave opened and have the money put back into circulation.
He had accused A-plus funeral service and Bank of Uganda of failing to protect a legal tender by looking on as the youths from the Rich gang threw money into the grave as Ssemwanga was being buried on the 30th of May 2017 at Nakaliro village in Kayunga district.
However Bank of Uganda still has a pending case before Justice Stephen Musota where another concerned citizen Robert Ssenfuka is also seeking Ssemwanga’s body be exhumed and put back all the money that was buried with him into circulation.