The High Court in Kampala has directed the Attorney General to file all the documents they intend to rely on to defend a case in which pathologist Dr Sylvester Onzivua is challenging the legality of his arrest that occured about 12 years ago.
The Civil Division Judge Musa Ssekaana on Monday directed the Attorney General who is the Chief Legal Advisor of the Government to file all the necessary documents within 14 days to enable the court to proceed with the hearing of the case.
The case arises from December 2012 when the police arrested and detained Dr Onzivua on accusations of unlawfully obtaining body parts of the former Butaleja District Woman MP, the late Cerinah Nebanda.
However Dr Onzivua upon acquittal in 2015 sued the government for unlawful arrest and detention, malicious prosecution, special damages, exemplary damages, general damages and costs of the suit.
As a result , the Judge has now directed that the government puts in its defence within two weeks from today saying this is an old case which should be concluded as soon as possible.
In his suit, Dr Onzivua claims that after the demise of Nebanda, as a senior pathologist/ consultant at Mulago Hospital was appointed by the Speaker of Parliament to join a team of Pathologists to offer professional services to carry out a post mortem examination of the deceased.
That on December 15, 2012, Dr Ozivua together with other pathologists carried out the postmortem examination and some samples were taken to the United Kingdom and some were to be taken to South Africa by him(Dr Ozivua) for an independent toxicological analysis and was authorized in writing by the Director General of Health Services on December 17, 2012.
As such, Dr Onzivua through his lawyer Ester Bakundane is seeking for special damages that include travel costs to court, police and legal fees of Shs 100m, earnings lost from the master’s degree sponsorship AUD $70,000, earnings lost in form of upkeep from NUFFIC, EUROS14,645, research opportunity in Japanese US$328,000 and $98,539 from UNICEF consultancy in Zimbabwe.
“To the dismay of the plaintiff he was arrested on his way to Entebbe International Airport enroute to South Africa and subsequently detained and prosecuted for abuse of office. The authorization given was lawful and was never revoked,” reads in part the court document.
He adds that as a result of the malicious prosecution, he was interdicted from his work, incurred unnecessary expenses, inconvenience, injury, pain, humiliation and missed study and conference opportunities for which he holds the government liable.
The case has been adjourned to April 16th 2024 for further hearing.
