Former Foreign Affairs Minister Sam Kutesa has lost a bid to compel a Ugandan woman based in the United States to deposit security for legal costs before her land fraud case against him could proceed.
In a ruling delivered by the High Court in Masaka, acting Judge Fatuma Nanziri Bwanika dismissed Kutesa’s application, stating that courts should not deny litigants access to justice merely because they reside abroad or lack property in Uganda.
The case arises from a land dispute filed by Alice Nambooze Osaga, who accuses Kutesa and others of fraudulently depriving her of ownership of land located on Mawogola/MSK 547 Folio 6, Block 83, Plot 520.
Kutesa had argued that Nambooze, who lives in the United States, has no known fixed residence, property, or source of income in Uganda and could fail to pay legal costs if her case is unsuccessful.
He further described the suit as frivolous and vexatious, maintaining that he has a strong defence likely to defeat her claims.
However, Nambooze opposed the application, insisting that her case is genuine and supported by evidence of fraud. She also informed the court that she is employed in the United States and capable of paying any court-ordered costs if necessary.
Nambooze further accused Kutesa of unlawfully taking over her residence in Uganda, forcing her to temporarily stay at her parents’ home whenever she returns to the country.
In her ruling, Justice Bwanika stated that the court had reviewed Nambooze’s pleadings and found that they disclosed a valid cause of action deserving a full hearing.
The judge emphasized that residing abroad alone is not sufficient grounds to compel a litigant to deposit security for costs.
She further noted that it would be unfair to use Nambooze’s alleged housing predicament against her when the same matter forms part of the dispute before court.
“It would be manifestly unjust to use a housing predicament allegedly created by the Applicant as a weapon to bar the Respondent’s access to the seat of justice,” Justice Bwanika ruled.
The judge dismissed the application and directed that the costs of the application will be determined in the main suit.
The substantive land fraud case against Kutesa will now proceed before the High Court in Masaka.
