Andrew Benon Kibuuka, a prominent actor and playwright has been trapped in a dispute between two ladies over a piece of land he owns in Kasanje, Wakiso.
Court records show that Sheila Shemererwa paid money to Sarah Kagonyera for purchase of the the land but the transaction collapsed after vacant possession was never delivered.
Kibuuka, an associate of Kagonyera, played a central role in the transaction because he was the registered owner of the land and later pledged the same land as security after the sale failed.
Shemererwa later sued Kagonyera and Kibuuka in the Chief Magistrate’s Court at Mengo to recover her money.
Kagonyera filed a written statement of defence and partially admitted liability, acknowledging an outstanding balance of Shs8 million after allegedly paying Shs7 million. However, neither she nor her lawyers appeared for hearing.
In an ex parte judgment, the trial magistrate entered judgment in favour of Shemererwa and awarded her Shs23 million together with interest and costs.
Kagonyera did not appeal within the statutory 30 days. Instead, she claimed she believed the matter had been resolved after the land title was transferred and pledged as security.
She only went to court in December 2024 to try to trash the ex parte judgment but this also failed in December 2024. Two months later, she applied to the High Court seeking leave to appeal out of time.
She argued that the trial magistrate relied on an “extinguished agreement” and that Shemererwa was attempting to benefit twice from the same transaction.
Her lawyers contended that “the award under a defunct contract was an outright illegality” and urged court to allow the appeal in the interest of justice.
Shemererwa opposed the application, accusing Kagonyera of deliberate delay and abuse of court process.
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Justice Isaac Teko, who presided over the case, agreed with Shemererwa. He found that Kagonyera had been properly served and could not deny knowledge of the case.
“Upon admitting that she filed a written statement of defence, the applicant is estopped from denying service,” Justice Teko ruled.
He also rejected claims of illegality, finding that the trial magistrate had considered both the 2018 and 2020 agreements.
“The learned trial chief magistrate relied on both agreements contrary to what is alleged by Kagonyera,” he said.
On the issue of double payment, Justice Teko said that the trial court had already addressed it and found no proof of any refund.
As a result, he dismissed the Kagonyera’S application AND upheld the Shs23 million decree in favour of Shemererwa.
Justice Teko said Kibuuka, who was not a party to the appeal, remains free to file a separate suit to recover his land title if he wishes.
