The writing had always been in black and white, civil suit number 136 in the Kampala High Court filed against the Commander of the Special Forces, Major General Muhoozi Kainerugaba over allegations of torture was definitely going to be dismissed.
The charge came from Jackson Ntwatwa, a former worker at Aya Hilton hotel, who sued Brig Muhoozi Kainerugaba, the head of the Special Forces Command (SFC).
Muhoozi was sued in his capacity as the commandant of SFC, an elite presidential guard unit. He was sued alongside Mohamed Hamid Latif, a director of Aya hotel, the Attorney General and six police officers.
Ntwatwa claimed to have been kidnapped and tortured by some members of the SFC headed by the First Son on October 20, 2012.
He claims his arrest arose from the law suit that he had earlier lodged against the multibillion AYA Hotel over alleged breach of contract. The hotel towers are adjacent to the nearby Nakasero State lodge the unofficially home of Gen Muhoozi and the elite force constantly deploys at the Hotel.
But Muhoozi’s lawyers of Kiwanuka & Karugire Advocates, unremittingly argued that the suit had been wrongly brought against the commandant SFC since it is not an entity with legal capacity to sue or sued.
And on Tuesday, her Lordship Hon. Lady Justice Henrietta Wolayo ruled that the preliminary objection of a suit against Gen Kainerugaba, the OC CID Kampala, Frank Ataho, Eric Kagina and police officers Asiimwe (no.43966) and Wasike (no.12986) attached to the Central Police Station be upheld according to ChimpReports.
However, in the same ruling, the lady Justice also directed that the suit against the Attorney General (as the representative of Government), AYA Investments LTD, and two staff working with the AYA Group, Mohamed Hamid Latif and Watuwa Mustafa would proceed.
Early signs of a dismissal were evident by May 2015, when he High court blatantly defended itself against accusations that it is scared of moving against the First son. Ntwatwa had ran to the media and other civil society organisations upset that the court had failed to fix a hearing a year after he sued Muhoozi.
