Mistress appeals Shs29m court award to judge

Kampala.

The former mistress of Supreme Court Judge Esther Kisaakye’s husband has appealed a court award of Shs29m to the judge.

“Take notice that the appellant, being dissatisfied with the decision of the High Court Land Division, intends to appeal to the Court of Appeal against the whole judgment,” reads a notice filed on April 20.

Justice Kwesiga said there was no evidence to show that Mr Kitimbo and Ms Kadama were lawfully married for the latter to claim a share of the property worth Shs350m in Lukuli, Makindye Division, Kampala.

Court also ordered Ms Kadama to vacate the residential house within seven days from the date of the judgment.
Justice Kwesiga also said the compensation amount will attract interest of 25 per cent per annum from May 1, 2013, up to the date of the judgment.

According to the court documents, Justice Kisaakye bought the property from her husband Frank Samanya Kitimbo. Mr Kitimbo assured Justice Kisaakye that a one Kadama who was occupying the property would vacate not later than end of April, 2010.

However, Ms Kadama refused to vacate the property to allow Justice Kisaakye’s occupancy on grounds that she was a mistress to the judge’s husband and that she had contributed to the construction of the properties.

In her defence, Ms Kadama said Mr Kitimbo used to introduce her as his wife and that she understood that the said property was their matrimonial residence.

However, during the transfer of the property to Justice Kisaakye, Mr Kitimbo had referred to Ms Kadama as his former employee with whom he used to do business but was not his wife as she claimed.

“The defendant testified that she lived with the second plaintiff as if they were man and wife in the same bed and house. That he introduced her as his wife and from the receipts she got when purchasing certain goods, she held out as the wife of the second plaintiff. In my view, all those were misinterpretations to suit the convenience of the time but cannot constitute a marriage in law,” the judge said.

Justice Kisaakye in her testimony before court had stated that she took possession of all her land except the residential house which Ms Kadama had refused to vacate and that she had made it difficult for the shop premises to be rented due to her interruptions.