High Court in Kampala has been asked to enter judgment of Shs200m against Maj Gen Matayo Kyaligonza for allegedly assaulting a traffic police officer.
The request to court on July 3 by lawyers of the police officer, Sgt Esther Namaganda, followed the expiry of the 15 days in which the Ugandan ambassador to Burundi was required to respond to her case against him but failed.
“On the 11th of June 2019, the defendant (Gen Kyaligonza) was duly served with the summons and plaint along with accompanying annexures thereto through his advocates who acknowledged receipt of the same on his behalf and an affidavit of service is on record to that effect. We believe this was effective service as required by law,” reads in part a notice to court by Thomas & Michael Advocates, a law firm representing officer Namaganda.
“The statutory period (15 days) within which the defendant (Gen Kyaligonza) should have replied to this suit has since elapsed and there is no application for leave for extension of time on record. The purpose of this letter, therefore, is to humbly pray that judgment in default against the defendant be entered as under Order 9 Rule 10 of the Civil Procedure Rules,” it adds.
Presiding judge Wilson Kwesiga will look into the request and decide whether to order Gen Kyaligonza to compensate Ms Namaganda or give him another opportunity to respond to the suit and hear the merits of the case.
The suit arose last month when officer Namaganda sued Gen Kyaligonza in the High Court in Kampala seeking Shs200m in general and punitive damages for injuries, more than Shs1m as special damages for injuries occasioned to her when she was allegedly assaulted by Gen Kyaligonza, a retired army officer.
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