The High Court in Jinja has ordered a woman and her son to pay a magistrate Shs20 million after finding that they defamed him in a dispute over their late husband’s and father’s estate.
Justice Joanita Bushara, in a judgment delivered on September 1, ordered Mrs Lovisa Ayazika and her son, Balondemu Andrew, to jointly and severally pay His Worship Steven Johnson Waidhuuba Shs20 million in general damages.
The award will attract interest at the court rate of six per cent from the date of judgment until payment in full.
The dispute arose from disagreements over the estate of the late A.Y.A. Baatakana Ayazika, including land located at Kasolo, Bwanalira Village in Iganga District.
Ayazika’s widow and Balondemu accused Waidhuuba, the deceased’s eldest son, of forging powers of attorney and his father’s will in an alleged attempt to take control of the estate.
The accusations also touched on his conduct as a judicial officer, with allegations of criminal conduct, abuse of office and professional misconduct.
The allegations were contained in communications to the Judicial Service Commission and the Directorate of Criminal Investigations before being circulated more widely, including online.
Waidhuuba subsequently sued his mother and brother, arguing that the accusations were false and had damaged his reputation.
The proceedings went ahead ex parte after the defendants failed to file a defence. The court thereafter entered a default judgment in accordance with Order 9 Rule 10 of the Civil Procedure Rules.
Evidence presented to court included a Daily Monitor Online article published on July 16, 2024, under the headline, “Magistrate accused by mother of forging will.”
The article carried allegations that Waidhuuba had forged his late father’s will. The allegations were subsequently circulated on social media platforms, including X and Facebook, and on Tuko.co.ke.
Court heard that the publications attracted comments questioning Waidhuuba’s integrity and suitability to serve as a judicial officer.
Waidhuuba also presented WhatsApp messages posted in the “Abaluuta Twezuule” group. The messages included claims that he should refund money belonging to his late father.
A video clip showing Waidhuuba being ridiculed at a police station was also presented as evidence.
The court was further told that the publications continued despite efforts by members of the family and clan to resolve the dispute through mediation.
After considering the evidence, Justice Bushara found that the statements and publications made and disseminated by the defendants were false and defamatory of Waidhuuba.
In addition to the Shs20 million award, the judge issued a permanent injunction restraining the defendants, their agents, servants or persons acting through them from publishing or disseminating the allegations against Waidhuuba or similar defamatory claims.
The defendants were also ordered to publish a written retraction and apology to Waidhuuba through the channels used to circulate the allegations.
“So far as reasonably practicable, communicate the same through the channels used to disseminate the defamatory publications,” Justice Bushara ordered.
The court also awarded Waidhuuba the costs of the suit, which the judge directed should be paid by the defendants jointly and severally.
