However, the evidence before court shows that the 7.5 billion shillings’ fraud was discovered in 2019 following an internal audit for the period between 2016 and 2018 which confirmed that there was suspected fraud of fictious payments at four of their branches.
A fuel tanker of Total Uganda Limited parked at one of their service stations.
Total Uganda Limited, a company dealing in the trade of fuel
and lubricants has sued its former employees over an alleged 7.5 billion shillings fraud.
Those being sued are; Moses Sebalu, the former Senior Accountant, Belinda Nakasi, the Taxation Accountant, Priscilla Nansikombi, the Cashier,
Lillian Mboizi Ssanyu, the Senior Treasury Manager, Ritah Daphine Mbabazi, the Procurement
Officer and the manager Innocent Tugume.
According to the documents filed before the Civil Division
of High Court in Kampala, the monies in question were allegedly stole when the said
former employees connived and posted fictitious payment entries onto the
computer network of Total Uganda to portray that 7.5 billion shillings had been
paid by the independent dealers of their products whereas not.
The Court documents dated October 21st 2021 show
that Total Uganda operates through contracting independent individual/dealers to
operate its service stations who later pay for the fuel and lubricants by
depositing money into the company’s accounts. And in return, Total Uganda credits
the dealers’ respective service station accounts and releases the products for
the station dealer to sale.
However, the evidence before court shows that the 7.5
billion shillings’ fraud was discovered in 2019 following an internal audit for
the period between 2016 and 2018 which confirmed that there was suspected fraud
of fictious payments at four of their branches.
The branches are; Total Ben Kiwanuka Service Station, Total
Nakivubo, Total Misindye and Gapco Service Station New Oasis.
As a result, Total Uganda now contends that the former employees
breached their contractual obligations with the company and caused it to suffer
a whopping loss of 7.5 billion shillings through fraudulent misrepresentations
and deceit thereby releasing products without payment for the same save to
enrich themselves unjustly.
"The plaintiff/Total Uganda avers that it has at all
material times exclusively enjoyed and retained the right to sell its products
for valuable consideration, and has never authorized the defendants to act in
the manner in which they did", reads the suit in part.
Adding that ", the plaintiff/Total Uganda shall at the
hearing adduce evidence of to show that as a result of the defendant's actions,
it has suffered severe loss and damages for which the defendants are liable".
The evidence before court further shows that the individual
notices of intention to sue were duly communicated to the respondents on
September 21st 2021, but they ignored them.
Total Uganda Ltd now wants the Court to declare that the
respondents are jointly and severally liable for breach of contract, fraud,
misrepresentation, deceit, unjust enrichment, negligence, causing loss by
unlawful means and therefore they should be ordered to pay back 7.5 billion
Through its lawyers of ALP Company Advocates, Total Uganda
Ltd also wants to be paid general, aggravated and exemplary damages as well as
costs of the suit.
The Civil Division Registrar Jamson Karemani is yet to sign
on the summons requiring the former employees to put in their defense within 15
days before the matter is allocated to a Judge for hearing.
This is not the first time the former employees of Total
Uganda are being taken to court on charges related to fraud.
In 2020, the group together with two businessmen Joseph
Bbuye and Deogratius Twagirayezu were arraigned before the Anti-Corruption
Court in Kampala on criminal charges of theft of fuel and lubricants worth 32.2
billion shillings. They were however released on bail.
Also on June 8th 2020, a Warrant Officer II Gordon Kababure
was arraigned before the General Court Martial in Makindye and charged with causing
a loss of 2.3 billion shillings to Total Uganda.
reportedly forged 13 fuel cards and pretended that the money was for routine
fuel for the Land Forces of Uganda People's Defense Forces which was not the