Former Crime Intelligence director Col Ndahura Atwooki is on the verge of losing his house located in Nansana, Wakiso District after he failed to raise shs 240 million as directed by the High Court in Kampala having lost a defamation case against Kizza Besigye and his sister Olive Kobusingye.
In 2012, Col Atwooki sued Ms Olive Kobusingye, Dr Besigye’s sister, in the High Court for defaming him in her 213-page book: The Correct Line? Uganda under Museveni.
He also separately sued Dr Besigye, Observer Media Limited, and the editor of the Weekly Observer newspaper after the book was reviewed.
However, the High Court dismissed the cases after Col Atwooki made no show during the trial in court. The court also awarded costs to the defendants.
During the trial, Col Atwooki alongside his former police boss, Gen Kale Kayihura, and a dozen of other police officers were under detention at Makindye Barracks on allegations of failure to protect war materials and interfering with the process of law contrary to Section 166 of the UPDF Act 2005.
In her book, Ms Kobusingye highlights some Ugandans whose experiences in President Museveni’s rule contradict with what they had expected.
In court documents, AF Mpanga Advocates, the lawyers of Dr Besigye, Observer Media Limited and the editor of the Weekly Observer newspaper, demand Shs240.8m in costs while a separate document by Dr Kobusingye’s lawyers, AF Mpanga Advocates, want Shs104m.
“In conclusion, it is our humble prayer that the bill of costs of the defendant be taxed and allowed at the sum of UGX104,404,700 as presented. We so pray,” Ms Kobusingye’s lawyers wrote on July 15.
On Friday, both parties appeared in the Civil Division of the High Court to agree on the taxation in the cases.
This website understands that shortly after Col Ndahura had been freed from military detention prominent leaders from Bunyororo Kingdom visited Besigye at his Kasangati residence and pleaded with him to forgive their son.
Besigye agreed to pardon the UPDF officer but on condition that Ndahura publicly asks for forgiveness.
The elders told Besigye that this was a serving soldier and it would be hard for him by the virtue of his position to fulfil the condition.
Besigye, instructed his lawyers to use all means to recover the money as directed by Court.
GENESIS
The court ruling stemmed from a complaint by Col Atwooki that Ms Kobusingye in her book on page 15 paragraph 3 and on page 16 Chapter 1, falsely wrote unofficial reports indicating that three people had been killed during the 2001 General Election in Rukungiri District and that Col Atwooki and the Presidential Protection Unit soldiers who perpetrated this violence, were never apprehended.
He alleged that Ms Kobusingye claimed that after the incident, he was promoted to the rank of Lieutenant Colonel in 2011 and was decorated with the Luweero Triangle medal.
“The allegations were and are false, libelous and defamatory of the plaintiff as they have exposed him to ridicule, odium and contempt and lowered his reputation as a military officer in the eyes of the right thinking members of the society, especially the Ministry of Defence,” Col Atwooki petition read in part.
