How Unsettled Legal Costs from a Land Case Loss Landed 85 yrs Old Man in Lugazi Prison

Mr Wilberforce Wandyaka an 85-year-old man from Ngogwe Sub-County Buikwe District has found himself behind bars at Lugazi's civil prison due to his failure to pay approximately Shs12 million in legal costs after he lost a land case three years ago.

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The Lugazi Chief Magistrate’s Court declared Mr Wilberforce Wandyaka a trespasser on a three-acre contested piece of land located in Namulesa, Ngogwe Sub-county, Buikwe District. One Peter Nsubuga was instead found to be rightful owner in 2020.

The court condemned Mr Wandyaka to general damages of Shs2m and also ordered him to pay over Shs9.9m in legal costs after losing the case.
Subsequently, on 
In November 9, 2022, the court again issued a notice, demanding that Mr Wandyaka shows cause why he should not be arrested for failing to pay the fines of court.

Ms Stellah Nakazibwe, a granddaughter of Mr Wandyaka, said their 85-year old grandfather was on August 24 picked by people believed to be court bailiffs from his home in Namulesa, who took him to court from where he was committed to Lugazi civil prison for failure to pay the aforementioned legal costs and damages.

Civil imprisonment is when a court orders a person who owes money to another to be jailed until they pay their debt which is a six months jail sentence in Uganda 

Magistrate Nabukeera ruled that the evidence of the 1st (Mr Wandyaka) and 4th (Daudi) defendants indicate that they prevented the plaintiff (Mr Nsubuga) and his people to wit wife and children from enjoying quiet possession of the kibanja when they beat, attacked and chased them away from the disputed kibanja hence interfering with his lawful possession hence trespassers.

“Therefore, court finds the 1st (Mr Wandyaka) and fourth (Daudi) defendants to be trespassers onto the suit kibanja,” the judge said.

The elderly man's predicament sheds light on the often harsh consequences of legal battles, especially for those who may not have the financial means to cover legal fees and costs associated with litigation. It also raises questions about the accessibility and affordability of justice, particularly for elderly individuals who may be on fixed incomes or facing financial hardships.