The High Court in Masaka has dismissed an application by former Foreign Affairs Minister Sam Kutesa seeking to compel a United States-based woman to deposit security for costs in an ongoing land ownership dispute.
In a ruling delivered by Justice Fatuma Nanziri Bwanika, the court declined to order Alice Nambooze Osaga to deposit security for costs in Civil Suit No. HCT-06-LD-CS-0017-2025, in which she is challenging ownership of land located on Mawogola/MSK 547 Folio 6, Block 83 Plot 520.
Osaga sued Kutesa and another party, accusing them of fraudulent acts that allegedly deprived her of ownership of the contested land. She is seeking court declarations recognizing her as the lawful proprietor.
Kutesa, through Kakuru & Company Advocates, had argued that the suit was frivolous and vexatious, adding that Osaga resides in the United States and allegedly lacks fixed property or income in Uganda, making it difficult to recover costs if the case fails.
However, Osaga, represented by Victoria Advocates and Legal Consultants, opposed the application, stating that her case raises serious allegations of fraud that deserve a full hearing. She told court that she resides in Minnesota, United States, where she is gainfully employed and capable of meeting any lawful costs order if required.She further argued that her lack of residence in Uganda stems from the very dispute before court, alleging that Kutesa unlawfully took over her home.
In her ruling, Justice Bwanika emphasized that courts must exercise caution when granting security for costs because such orders can restrict access to justice.“The plaint in HCT-06-LD-CS-0017-2025, in its current state, clearly levelled a cause of action against the Applicant herein based on alleged fraudulent acts,” the judge ruled.
The court found no evidence that the suit was frivolous, vexatious, or an abuse of court process, noting that assessing the merits at this stage would amount to prejudging the main case.On Osaga’s residence abroad, the judge held that living outside Uganda alone is not sufficient grounds to require security for costs.
MThe court also noted the absence of a formal reciprocal enforcement treaty between Uganda and the United States but said it would be speculative to assume that a future costs order could not be enforced abroad.Justice Bwanika further ruled that lack of property or a fixed residence in Uganda cannot automatically justify denial of access to justice.
“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,” she stated.The ruling clears the way for the substantive hearing of the land dispute to proceed in the Masaka High Court.Kutesa, a long-serving political figure, has previously featured in multiple court battles.
In 2019, activists Sam Kyomuhendo and Ronald Tugume petitioned the High Court seeking his removal from public office over alleged bribery claims linked to his tenure as President of the UN General Assembly.
Tugume alleged that Kutesa solicited and received US$500,000 in May 2016 from former Hong Kong Home Affairs Minister Patrick Ho Chi Ping through bank channels involving HSBC and Deutsche Bank, before funds reached Stanbic Bank.
The activists argued that the alleged conduct violated the Constitution and Leadership Code Act and undermined public integrity.Another activist, Brian Atuheire, separately petitioned court seeking orders for the Director of Public Prosecutions to charge Kutesa over the same allegations.
In 2018, President Yoweri Museveni said Kutesa had informed him that the money was a donation to a charity project, but publicly criticized the conduct as inappropriate for a government minister.
In 2020, lawyer Leonard Otee also filed a petition seeking prosecution of Kutesa and others over alleged breach of COVID-19 lockdown directives related to travel arrangements for returnees who entered Uganda during airport closure-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
