Lawyers of Dr Kizza Besigye, his sister and Observer Media Limited have demanded more than Shs240m from the former Crime Intelligence Director, Col Ndahura Atwooki, after they won a defamation case.
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.
Background
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.
The court dismissed the case. Col Atwooki appealed but lost again.
He is currently on bail and his movements are restricted to Kampala City and Wakiso District. He is also earning half pay since he was interdicted by the army as he battles criminal cases in court.
