Justice David Wangutusi of the Commercial Division of High court issued the orders today, Wednesday during the hearing of an application filed by Alex Binyenda, the director International Security Systems Uganda Limited.
Binyenda ran to court in August 2018 after the alleged failure by Kirumira to clear his outstanding balance for the purchase of a Mercedes Benz registration number UBA 063J in May 2018. Through his lawyer, Anthony Wameli, Binyenda claims that he sold the Benz to Kirumira at $260,000 (about 969m).
Kirumira reportedly made a deposit of $100,000 and promised to clear the balance later.
Kirumira's lawyer, John Bulungu asked for ten days to allow him to file the defence of his client. In his brief presented before court, Bulungu disputed claims that the vehicle in question belongs to Binyenda, saying it isn't in his names. The vehicle is registered in the name of International Security Systems Uganda Limited where Binyenda is the majority shareholder with 95 per cent shares.
But in a sworn affidavit, Penninah Kereere Kirungi, a co-director at International Security Systems Uganda Limited, says she is okay with Binyenda selling the vehicle.
Bulungu also claims that Binyenda wanted to cheat his client through constructive fraud by misrepresenting the material facts of the said motor vehicle. Prior to running to court, Binyenda filed a case of vehicle theft to police. The vehicle was tracked to Kirumira's parking lot leading to his arrest.
He was arraigned before Nakawa Magistrate's court on charges of obtaining goods by false pretence. However, the prosecution through the senior assistant director of public prosecutions (DPP), Jane Kajuga withdrew the case on July 30th, 2018 on grounds that there was no criminal element in it.
The DPP advised Binyenda to file a suit in the Civil Division. Accordingly, the DPP wrote to police asking them to take back the car to Kirumira's home. However, the vehicle is still parked at Jinja Road police station. Kirumira is these days guarded by about four presidential guards, commonly known as SFC.