PETITION OF CIVIL DEBTORS AGAINST INJUSTICES IN COURTS

TO: THE CHIEF JUSTICE
FROM: LUZIRA CIVIL PRISON


PETITION OF CIVIL DEBTORS OVER EXCESSIVE INJUSTICES AT MAGISTRATE COURTS OF MENGO, NAKAWA, MWANGA II AND MAKINDYE WHICH WE REQUEST YOU TO INVESTIGATE AND ADDRESS.

WE OVER 53 CIVIL DEBTORS, AT LUZIRA CIVIL PRISON HEREBY HUMBLY PRESENT OUR PETITION TO YOUR LORDSHIP THE CHIEF JUSTICE OVER GRAVE MATTERS CONCERNING OUR CIVIL RIGHTS PERTAINING THE CONSTITUTIONAL RIGHTS TO FAIR HEARING AND NATURAL JUSTICE PRINCIPLES AS HERE UNDER HIGHLIGHTED:


1. UNFAIR SUMMARY PROCEEDING AND EXPARTE JUDGEMENTS IN RESPECT OF CIVIL DEBTS
(a). YOUR LORDSHIP WE HEREBY BRING TO YOUR ATTENTION THE ILLEGAL- MAFIA LIKE SYNDICATE AND CONNIVANCE BETWEEN MAGISTRATES, COURT CLERKS, LAWYERS, AND COURT BAILIFFS WHO HAVE TURNED THE ABOVE MENTIONED COURTS INTO MONEY MINTING MACHINES FOR SELFISH INTERESTS AT THE DETRIMENT OF LITIGANTS WHO ARE NO LONGER ACCORDED THE RIGHT TO FAIR HEARING /TRIAL AS PROVIDED FOR IN CAP.4 OF OUR NATIONAL CONSTITUTION.

HERE BELOW ARE SOME OF THE SPECIFIC INJUSTICES IN RESPECT OF THE EXCESSIVELY ABUSED SUMMARY PROCEEDINGS.

(i) YOUR LORDSHIP, CIVIL DEBTORS/LITIGANTS ARE NO LONGER SERVED WITH SUMMONS TO APPEAR AND FILE THEIR DEFENCE ESPECIALLY IN MATTERS CONCERNING SOFT LOANS OFFERED BY MONEY LENDERS AND BANKS AGAINST POST DATED CHEQUES AND LOAN AGREEMENTS.

(ii) IN MOST CASES AT LEAST FOR THE 53 PRISONERS NOW RESIDENT AT LUZIRA CIVIL PRISON, THE ARE SURPRISED AND AMBUSHED WITH ARREST WARRANTS ISSUED BY MAGISTRATES TO COURT BAILIFFS WITHOUT THE EXPARTE JUDGEMENT DEBTORS BEING OFFERED ANY OPPORTUNITY TO DEFEND THEMSELVES IN FAIR AND UNBIASED JUDICIAL PROCESSES AS ENSHRINED IN OUR CONSTITUTION.

(iii) YOUR LORDSHIP, WE YOUR HUMBLE PETITIONERS ARE PARTICULARLY CONCERNED AND SEEK YOUR IMMIDIATE INTERVENTION OVER THE ILLEGAL AND ERRANT BEHAVIUOR OF COURT BALIFFS WITH THE HELP OF LAWYERS IN CONNIVANCE WITH MAGUSTRATES TO HIJACK THE CONSTITUTIONAL JUDICAL COURT PROCESSES THAT HAS RESULTED INTO ALL MANNER OF INJUSTICES AGAINST LITIGANTS.

(iv) IT SHOULD BE BROUGHT TO YOUR ATTENTION THAT APART FROMM THE UNFAIR METHODS THROUGH WHICH LAWYERS AND COURT BAILIFFS SECURE WARRANTS OF ARREST AGAINST EXPARTE CIVIL JUDGEMENT CIVIL DEBTORS: THE COURT BAILIFFS WITH THE HELP OF SECURITY OPERATIVES NOW RAID PEOPLE’S HOMES, OFFICES, BUSINESS PREMISES, AND HURRIEDLY PRODUCE CIVIL DEBTORS TO THE ABOVE MENTIONED COURTS WHERE THEY ARE COMMITTED TO CIVIL PRISON WITHOUT BEING ACCORDED THEIR FAIR RIGHT TO A FAIR HEARING.

(v) THE SAID COURT BAILIFFS WITH THE HELP OF COURT OFFICIALS DO NOT ONLY DENY LITIGANTS TO BE HEARD IN A FAIR TRIAL BUT THEY ARE NOW CHARGING EXORBITANT FEES WHICH IN MOST CASES EXCEED THOSE OF ADVOCATES AND EVEN LOAN AMOUNTS OBTAINED. FOR EXAMPLE AN EXPARTE JUDGEMENT DEBTOR WITH A LOAN OF 500,000/= WILL BE PRODUCED BEFORE A MAGISTRATE ON A WARRANT OF ARREST AND COERCED TO ACCEPT AND PAY A PRINCIPLE SUM OF 500,000/= PLUS LAWYER FEES OF SAY 1,000,000 AND THAT OF BAILIFFS TO A TUNE OF 2.5M. AT THE END OF THE DAY YOUR LORDSHIP, A DEBTOR WHO OBTAINED A LOAN OF SHS. 500,000/= ENDS UP BEING FORCED TO PAY SHS. 4,000,000/= EXCLUDING HIGH INTEREST WHICH IS ALWAYS IN EXCESS OF 15-30% PER MONTH AND AT TIMES PER WEEK.


(vi)
YOUR LORDSHIP, IT IS VITAL TO NOTE THAT AFTER SERVING SIX MONTH AT CIVIL PRISON FOR FAILURE TO PAY THE DEBT, THESE COURT BAILIFFS CAMP OUTSIDE THE PRISON MAIN GATE AND RE-ARREST DEBTORS WHO ARE RE-COMMITTED TO CIVIL PRISON AGAIN WITHOUT BEING GIVEN CHANCE TO BE HEARD IN A FAIR TRIAL. IT’S OUR MOST HUMBLE PRAYER THAT YOUR LORDSHIP, INTERVEE IN THIS MATTER TO STOP THESE INJUSTICES WHICH HAVE RENDERED THE WOULD BE TEMPLE OF JUSTICE ,TO A MERE MOCKERY.

(v) UNLIKE IN THE CRIMINAL MATTERS YOUR LORDSHIP, WHERE THE ACCUSED PERSONS ARE ACCORDED THEIR RIGHT TO BAIL IN THE ABOVE HIGHLIGHTED SUMMARY PROCEEDINGS, LITIGANTS ARE NOT ALLOWED THEIR RIGHTS TO FREEDOM, TO A LAWYER, TO FILE A DEFENCE AND BE HEARD TO IN A FAIR TRIAL.

THESE INJUSTICES YOUR LORDSHIP HAVE EXTENDED TO ARREST WARRANTS AGAINST CIVIL DEBTORS BEING EXECUTED ON PUBLIC HOLIDAYS , AT NIGHT , WEEKENDS WHEN COURTS ARE NOT IN SESSION ALL IN TOTAL BREACH OF COURT PROCESSES AND RULES GOVERNING BAILIFFS AND CIVIL PROCEEDINGS.

IN SOME CASES YOUR LORDSHIP, LITIGANTS ARE DUMPED TO LUZIRA CIVIL PRISON WITHOUT COMMITTAL PAPERS AND MONEY FOR MAINTAINANCE AS PROVIDED FOR IN THE CIVIL PROCEDURE AND MAGISTRATES ACTS/RULES AND REGULATIONS.

THE ABUSE OF COURT PROCESS HAS REACHED A NOTORIOUS LEVEL THAT MANY OF THE DEBTORS AT THE CIVIL PRISON HAVE BEEN INFORMED THAT THEY CAN NOT BE RELEASED UNLESS WHEN THEIR BAILIFFS’ UNJUST, EXORBITANT FEES ARE PAID. INFACT NEGOTIATIONS TO RELEASE OR DETAIN CIVIL DEBTORS ARE LEFT BETWEEN THE MAGISTRATES AND COURT BAILIFFS. THE BAILIFFS ALSO MONITOR PEOPLES BANK ACCOUNTS WITHOUT COURT ORDERS AND IN TOTAL BREACH OF FINANCIAL INSTITUTIONS AND BANK OF UGANDA ACTS. THE COURT BAILIFFS WITH THE COVER OF MAGISTRATES AND HELP OF SECURITY OPERATIVES INCLUDING THE POLICE AND SOME PRISON WARDERS ARE BASICALLY TERRORISING UGANDANS.

WE ARE ASKING YOUR LORDSHIP WHO ARE THESE BAILIFFS AND ARE THEIR BRUTAL ACTIVITIES AT TIMES WITH THE HELP OF SECURITY OPERATIVES PROTECTED BY THE LAW? WE PROPOSE THAT AN INVESTIGATION BE INSTITUTED TO BRING THIS ABUSE TO AN END. WE FURTHER PROPOSE THAT SUMMARY /EXPARTE HEARINGS BE SCRAPPED AT THE MAGISTRATES COURTS AS CASE IS AT THE HIGH COURTS> WE ALSO PRAY THAT MEDIATION AND ARBITRATION BE INTRODUCED AT THE MAGISTRATES COURTS TO BE PRESIDED OVER BY UP_RIGHT JUDICIAL SENIOR OFFICIALS TO HANDLE COMMERCIAL DISPUTES INCLUDING CIVIL DEBTS TO ENSURE FAIRNESS TO ALL PARTIES INVOLVED. THIS PROCESS WILL ALSO GREATLY ELIMINATE CORRUPTION AND EXTORTION NOW BEING EXHIBITED AT THE SAID MAGISTRATES COURTS. COURTS SHOULD ALSO BE VERY STRICT TO FEES PAID TO BAILIFFS WHO WORK IN TANDEM WITH MAGISTRATES TO STIFLE JUSTICE AND ENRICH THEMSELVES .

AGAIN ITS OUR HUMBLE PRAYER THAT YOU EMPLOY YOUR HIGH OFFICE TO END THESE INJUSTICES IN THE WIDER PUBLIC INTEREST .YOUR LORDSHIP, WE THE UNDER SIGNED, YOUR HUMBLE PETITIONERS, ARE WILLING AND READY WITH OUR RESPECTIVE CASES FOR YOUR INVESTIGATION AND FURTHER NAME AND SHAME THE COURT OFFICERS AND THE BAILIFFS INVOLVED IN HE SYNDICATE IF ACCORDED THE OPPORTUNITY AT YOUR EARLIEST TIME OF CONVINIANCE.


FINALLY YOUR LORDSHIP, ITS OUR HUMBLE PRAYER THAT YOU TREAT OUR PETITION NOT AS AN EFFORT TO DEFEAT JUSTICE BUT WE ARE SEEKING YOUR INTERVENTION TO ASSURE THAT JUSTICE IS EFFECTIVELY ADMINISTERED FAIRLY AND JUDICIOUSLY IN THE INTEREST OF ALL THE PARTIES CONCERNED IN THE MATTERS RELATING TO CIVIL DEBTS.
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WE SO PRAY.

SEE ATTACHED THE NAMES OF YOUR HUMBLE PETITIONERS

C.C OFFICE OF THE PRESIDENT
C.C OFFICE OF THE VICE PRESIDENT
C.C OFFICE OF THE PRIME MINISTER
C.C SPEAKER OF PARLIAMENT
C.C MINISTER OF JUSTICE /ATTORNEY GENERAL
C.C INSPECTOR GENERAL OF POLICE
C.C INSPECTOR GENERAL OF GOVERNMENT
C.C HUMAN RIGHTS BODIES
C.C COMMISSION GENERAL OF PRISON
C.C REGISTRER IN CHARGE OF COURT BAILIFFS
C.C UGANDA LAW SOCIETY
C.C LAW COUNCIL
C.C MEMBERS OF PARLIAMENT
C.C FILE

NO. NAMES PRISON NUMBERS PHONE NUMBERS
1 ALBERT MAGEZI 089 0701851963
2 WAMBOYA ISMAIL 144
3. SSENKUSI PAUL 136.11 0772438742
4. ONYANGO HANNINGTON 142
5. KAKANDE MUBARAK 143
6. MWIJUKA BENSON 130
7. NTALE FELIX 052.11
8. MATOVU BENON
9. NYOMBI RAYMOND 124
10. MUKASA SAMUEL 131
11. BYAMUKAMA EDSON 422
12. NSUBUGA JOHNBOSCO 132
13. KALYEBOGA KITHENDE 090
14. SOLOMON K. MUSOKE 399/10
15. NSUBUGA MUSA 139-2011
16. KASULE JAMES 079-2011
17. MOSES BIKARA 133.11 0712803834
18. DAVID KATO 123
19. KALANZI RAPHAEL 107/2011
20. MUSOKE EMMANUEL 129/2011
21 DR. KOMA ISAAC MIKE 079/11
22. SEMPALA SULAIMAN 098/11
23. KYANAA FRANCIS 112/11
24. MATOVU BENON 0231
25. LUBEGA MEDDIE 033/11
26. KASAJJA ANDREW 034/11
27. KATONGOLE JOHN 121/11
28. MUKISA JOSEPH
29. BRAN JUMA 113/11
30. ZARIMOZA WALUSIMBA 122/11
31. MAYAMBALA R.S 095/11
32. KULOBA WILLIAM 063/11
33. MAGOOLA DAVID 127/11
34. SENFUKA FREDRICK 065/11
35. JAMES SEKYALA 117/11
36. AKIIKI MANSOOR 096/11
37. SALIM BBOSSA 100/11
38. TWEBAZE GODFREY 067/11
39. ELIAS NANUNGI 094/11
40. BISASO B 104/11
41. JACKSON KIRABILA 133/11
42. NSUBUGA ROBERT 070/11
43. OPOLOT FRANCIS
44. MOSES OKUMU RINGA 391/10
45. ASIIMWE NOEL 043/11
46. KARUNGI SAMUEL 007/11
47. WANYAMA GODFREY 007/11
48. DR. KOMA ISAAC MIKE 079/11
INFORMATION FOR THE TABLE BELOW HAS BEEN FORWARDED TO YOUR LORDSHIP’S ACTION

DEBTOR COURT MAGISTRATE LAWYER BAILIFF DEBTOR