Kampala – Supreme Court in Kampala has dismissed the appeal which was filed by businessman Muhammad Sebuufu challenging the decision of Court of Appeal which upheld the 18 years imprisonment which was handed to him by High Court.
In their judgement, the five justices were convinced by submissions of the respondents counsels (Nabaasa Caroline, Senior Assistant DPP and Victoria Nakiseke) to the extent that they did not find any reason to interfere with the sentences which were passed by the Court of Appeal.
“The Court of Appeal after pointing out that it was an erroneous citation of the law,the rightly found that the learned trial judge clearly made the award for loss of life and the loss was to the family of the deceased. The learned trial Judge ordered the convicts to pay Uganda shillings 100,000,000/= as compensation to the family of
the deceased. This was material loss which is provided in S.l126(1) as reproduced above and do not see any reason for faulting the Court of Appeal.”
ruled Justice Faith Mwondha in the lead judgement
Therefore , Court upheld the compensation which was given to the family by the High Court.
That Sebuufu (1st Appellant) attempted to disassociate himself from the other appellants to distance himself from the participation of the commission of the offence and raised a defence of an alibi, but the prosecution witness-evidence on record perforated this defence.
“The presence of 1st Appellant at the scene of erime was proved beyond reasonable doubt therefore, in the submissions in rejoinder, the appellant’s counsel conceded that the Court of Appeal addressed the 1st appellant’s alibi.”
Court therefore Upheld that
Sebuufu Muhammad will serve 18 years, one month and nine days imprisonnment which sentence commenced from date of his conviction by the High Court on 24th June 2019.
Mirambe Philip will serve 16 years and 10 months imprisonment which sentence commenced from date of his conviction by the High Court on 24th June 2019.
Kayiza Godfrey the 3rd appellant to will serve 16 years and 11 months imprisonment which sentence commenced from date of his conviction by the High Court on 24th June 2019
And then Shaban Oduttu to 16 years and five months imprisonment which sentence commenced from the date of his conviction by the High Court on 24th June 2019.
The justices of Supreme court who upheld the court of Appeal decision included Faith Mwondha, Tibatemwa Erikubinza , Percy Night Tuhaise, Stephen Musota and Michael Chibita.
Sebuufu and the group were convicted by High Court Judge Anglin Senoga for murdering Business woman Betty Donah Katushabe to whom they had sold a Premio car and they were demanding her some balance.
This came after court got convinced that Prosecution proved beyond reasonable doubt that the accused had played a role in murdering of the business lady.
Being not satisfied with both sentence and conviction, they appealed in Court of Appeal which reduced the 40 years imprisonment term to between 18 to 16 years.
They later appealed to Supreme court hence resulting into this judgement.
