Magistrate wins Shs20m defamation case against brother, deceased mother

The High Court in Jinja has ordered a deceased woman and her son to pay Shs20 million in general damages to her eldest son, a sitting magistrate, after finding them liable for publishing defamatory allegations against him during a bitter family land dispute.

In a judgment delivered on September 1, 2026, Justice Joanita Bushara ruled that the late Lovisa Ayazika and her son, Andrew Balondemu, jointly and severally defamed Magistrate Steven Johnson Waidhuuba. The defaming remarks were circulated through petition letters addressed to public authorities, as well as subsequent publications across news media, WhatsApp, and other social media platforms.

The long-running dispute stemmed from a six-acre piece of family land located at Kasolo, Bwanalira Village in Iganga District, which formed part of the estate of the magistrate’s late father, A.Y.A. Baatakana Ayazika.

Starting in 2021, the defendants publicly accused Waidhuuba—who was a Grade II Magistrate at Mukono at the time and has since been transferred to Kawempe—of forging a Will and Powers of Attorney to unlawfully acquire family land, abusing his judicial office to intimidate relatives, and misusing his late father’s pension funds.

Highlighting an April 19, 2022 letter written by Ayazika to the Judicial Service Commission (JSC), Justice Bushara noted that the mother specifically accused her son of taking control of his late father’s bank account and withdrawing pension money for personal use instead of covering medical bills.

Although the JSC eventually cleared Waidhuuba of all wrongdoing, Justice Bushara emphasized that the widespread publication caused lasting reputational damage. She noted that the false claims were particularly grave because they directly attacked the integrity of a judicial officer.

"An allegation that a judicial officer has abused judicial powers for personal gain attacks the very foundation upon which public confidence in judicial office rests," Justice Bushara held, adding that the plain, ordinary, and natural meaning of the accusations imputed severe moral turpitude and criminal liability.

The court received evidence from clan head Daudi Ruth Waidhuuba Isendabaguzi Mpamuleyi, who testified that during a 2022 family mediation, Balondemu threatened to petition the magistrate’s superiors to have him removed from office. Jackson Wakayinja, a Judiciary employee, also testified that he overheard registry staff in Kampala discussing the criminal allegations against the magistrate.

Because the defendants failed to file a defence, the case proceeded ex-parte. Justice Bushara ruled that the publications were driven by actual malice, which negated any defence of qualified privilege.

Consequently, the court ordered the defendants to pay Waidhuuba Shs20 million in general damages alongside six per cent interest per annum from the date of judgment until full payment. Justice Bushara also issued a permanent injunction restraining the defendants from making further defamatory statements, ordered them to pay the suit's costs, and directed them to publish a written retraction and apology across the same media channels used to spread the claims.

When contacted for comment, Balondemu declined to discuss the specifics of the verdict. "The matter is before court and there is little I can say at this stage. The court process should be allowed to take its course," he said.

The judgment comes shortly after the death of Ayazika, who passed away on August 25, 2026, following a battle with hypertension. Ayazika, who is survived by nine children—with Magistrate Waidhuuba being her second-born—was laid to rest in Budhuuba Village, Ikumbya Sub-county, Luuka District.