High court judge justice Margaret Oumo Oguli has declined a petition to exhume late Don Ivan Ssemwanga’s body.
The petition had been lodged into court in June this year against A-plus funeral management and Bank of Uganda by a concerned citizen identified as Abbey Mugugu, who wanted court to grant them an order to exhume Ivan’s body.
Mugugu and others wanted to remove the legal tender that was thrown by Ugandan Sangomas into Ssemwanga’s grave at his burial on May 30th, 2017 at Nakaliro Kayunga district
The judge dismissed the petition on grounds that A-plus Funeral management owed no duty to Mugugu since the mode of contract that Ssemwaga’s family entered into with the funeral company did not include the supervision and enforcement of respect of currency notes.
The judge also reasoned that Mgugu does not have a cause of action against A-Plus Funeral Services because it is not the company that threw money into Ssemwanga’s grave, something which would have given rise to this case.
Bank of Uganda has also been exonerated from neglecting its statutory duty to protect currency notes.
Oguli said that “After careful perusal of the Bank of Uganda Act, the Bank has no duty to enforce respect of the Ugandan currency and those from other jurisdictions which include the US dollar and the South African Rand that Mugugu claims were also thrown in Ssemwanga’s grave.”
In the petition Mugugu accused Bank of Uganda and A -Plus Funeral Management company of merely looking on as youth from the Rich Gang group threw money into Ssemwanga’s grave .
On the other hand, Bank of Uganda is still battling a pending case before Justice Stephen Musota, in which another concerned citizen Robert Ssenfuka seeks a court order to exhume Ssemwanga’s body, such that he can recover all the money that was buried with him.