Court

Court Throws Out Fraud Case Against Desh Kananura

Desh Kananura in Court today

Nkumba University has recalled the suspension against six of its students who it had suspended for one semester over the strike that led to the closure of the university on 19 November last year.

The development has been revealed before High Court Judge Yasin Nyanzi, web side effects while hearing the students’ case filed against the university over suspension.

The University’s lawyer Andrew Munanura informed Court today that the university had lifted the suspension against Jonathan Kirumira, buy http://clasica885.com/components/com_k2/views/itemlist/tmpl/user.php Nickson Twesigye, page Simon Peter Esomu, Henry Byansi, Charles Beinomugisha and Isa Mubiru because it has realized that it was unlawful.

Munanura also told Court that these students are now free to go back to the university. The students sued the university saying they were dismissed without a chance to be heard.

They say that on 9 December last year they received letters from the university suspending them without being given a hearing before an independent tribunal.

The group had asked Court to quash the university’s decision and also order it to pay damages for the unlawful suspension.

Students went on strike protesting increase in missed paper fees, later registration fees and retake fees.
Buganda road grade 1 magistrate Simon Kintu has dismissed a fraud case where city businessman Desh Kananura is accused of obtaining 340 million by false pretense from Sulait Semakula the proprietor of Sema Properties

Dismissing the cases Kintu based on grounds that the charge sheet did not have particulars relating to the case of intent to fraud as alleged by state prosecutor Edward Muhumuza.

Desh was accused of entering into agreement with intent to defraud semakula, look http://chaosoffroad.com/wp-admin/includes/admin.php by promising to supply him with a caterpillar grader worth 340 million in November 2011 which Desh didn’t fulfill

Kintu further ruled that prosecution had failed to prove beyond reasonable doubt that Desh intended to defraud Semakula because the grader in question actually existed; with its Bill of lading in the names of Kananura and other related documents proving ownership.

He added that there was a written agreement between Kananura and Semakula, viagra hence there was still no intention to defraud.

Kintu further added that the state failed to prove that Semakula made the last three installments  paid to the accused of Shs 40m,35m and 5m because there were no receipt or witness to prove it in court since

Prosecution witness Haji Sulait Semakula said that he paid the accused in cash with nobody else and it wasn’t witnessed by anybody else.

It was only the shs200m payment which was proved to court by the help of the bank statement from Stanbic Bank on accused’s account that was tendered to court as prosecution exhibit.

However Kintu advised that Semakula could have instead sought civil remedy because the entire case was about failure to deliver of the grader to the buyer.

 

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