Kampala, Uganda | GODFREY SSALI |The High Court in Kampala has declined to issue orders to exhume the body of the late Ivan Ssemwanga to retrive currency noted said to have been buried with him as asked by a concerned citizen a one Abey Mgugu.
This is after presiding judge Magret Oguli -Oumo dismissed Mgugu’ s case against A-plus funeral management and Bank of Uganda in which he had sought permission to exhume Ssemwanga’s body and remove all the currencies that were buried with him.
However, justice Oguli has ruled that A-plus funeral management owed no duty to Mgugu since the mode of contract that Ssemwaga’s family entered with the funeral company did not include the supervision and enforcement of respect of currency notes.
The judge also reasoned 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, something which would have given rise to this case.
In her ruling, Justice Oguli has also exonerated Bank of Uganda (BOU) of neglecting its statutory duty to protect currency notes.
She said a careful perusal of 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 petitioned the High Court accusing Bank of Uganda and A -Plus Funeral Management company of merely looking on as the youths from the Rich Gang team threw money in the Late Ssemwanga’s grave on May 30, 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 wants to exhume Ssemwanga’s body and put back all the money that was buried with him into circulation.