Magistrate’s mother, brother fined sh20m over defamatory claims
The judge also issued a permanent injunction restraining Waidhuuba’s mother, Lovisa Ayazika and his brother, Andrew Balondemu, from further publishing or disseminating the defamatory allegations against him.
The defendants accused Magistrate Steven Johnson Waidhuuba of forging powers of attorney and his late father’s Will in an attempt to take control of family property and a bank account.
JINJA - The High Court in Jinja has awarded a magistrate sh20m in general damages after finding that his mother and brother defamed him by accusing him of forgery, fraud, theft and abuse of office.
Justice Joanita Bushara ruled that the allegations made against Steven Johnson Waidhuuba were false, defamatory and published with malice.
The judge also issued a permanent injunction restraining Waidhuuba’s mother, Lovisa Ayazika and his brother, Andrew Balondemu, from further publishing or disseminating the defamatory allegations against him.
The court further ordered the two to issue a written retraction and apology to Waidhuuba through the same principal channels used to disseminate the allegations, where reasonably practicable.
Case background
Waidhuuba sued Ayazika and Balondemu over several letters, statements and online publications made between 2021 and 2024.
The dispute arose from a family disagreement over the estate of Waidhuuba’s late father, particularly land at Kasolo, Bwanalira village in Iganga district.
The allegations were communicated to the Judicial Service Commission (JSC), the Director of Criminal Investigations (CID), local authorities, family members and online platforms.
In a letter to the JSC dated April 19, 2022, Ayazika alleged that Waidhuuba had obtained a power of attorney purporting to give him authority over his father’s property and bank accounts.
She further alleged that he had taken control of his father’s bank account using false documents and withdrawn pension money.
Ayazika also accused him of threatening to send her family members to prison and asked the JSC to stop him from using his position as a judicial officer to intimidate and harass them.
In another letter to the JSC dated March 23, 2022, Balondemu accused Waidhuuba of using his office to arrest family members and concoct charges against them in an attempt to take family land and property.
The court also considered a December 21, 2021 letter to the Director of CID, in which Balondemu accused Waidhuuba of fraudulently preparing powers of attorney to take over the family’s six-acre land.
The court heard that the allegations were also circulated on social media platforms and a WhatsApp group.
Court ruling
Justice Bushara said the publications imputed criminal conduct, dishonesty, fraud and professional misconduct to Waidhuuba and were capable of lowering his reputation.
She noted that the defendants did not file a defence and did not attend the formal proof hearing. Waidhuuba’s evidence that the allegations were false, therefore, remained unchallenged.
The court also rejected the defence of qualified privilege, which can protect genuine complaints made to authorities with a corresponding duty or interest to receive them.
Justice Bushara found that the evidence established malice sufficient to defeat qualified privilege and awarded Waidhuuba sh20m in general damages, with interest at a court rate of 6% from September 1, 2026, until payment in full. The defendants were also ordered to meet the costs of the suit jointly.
The case
The defendants accused Magistrate Steven Johnson Waidhuuba of forging powers of attorney and his late father’s Will in an attempt to take control of family property and a bank account.