In a case where she sued Speke Apartments in Kampala, socialite Sheila Nadege, better known as Don Zella, was ordered by the High Court of Kampala to provide Shs 20 million as security. Don Zella filed a lawsuit against the Speke Apartments on Wampewo Avenue in Kampala for allegedly conspiring with a woman named Shanitah Male and an accused burglar named Jeremy Adome to arrange a fictitious break-in at her unit in 2020.
In an incident that occurred on December 25, 2020, at about 4 p.m., burglars entered into her flat while she was gone and took her things. She accused the administration of Speke Apartments for tampering with the crime scene before the police, which meant that finding the invader was impossible.
The socialite claimed Shs456,250,000 in special damages and losses as well as general and punitive damages. However, in an application before the High Court, Speke Apartments, via its attorneys, warned the court that the litigation launched by the socialite is frivolous, misconceived, and vexatious and is sure to flop.
The attorneys argued that Speke Apartments management is being forced to extra charges and expenses defending a nasty and baseless litigation by the socialite. The apartment attorneys stated the court that Don Zella has no known source of income, and neither does she have any known habitation or property in Uganda that may be seized upon failing to pay costs.
They urged the court to make an order that Don Zella deposit with the court any type of security that may be attached in case she loses the lawsuit she brought against Speke Apartments.
In his ruling, Justice Musa Ssekaana reasoned with Speke Apartments that, whereas it is a fundamental principle that a person who asserts a claim should have access to justice, there are particular circumstances in which he should be required to provide security because of the risk that the defendant may not otherwise recover his or her costs.
"In the case before this court, the applicant (Speke Apartments) claims that the respondent (Don Zella) has no known source of income and that with the knowledge of her previous frivolous actions, it is only prudent that the latter pay security for costs for this matter, which will ably be returned to the respondent in the unlikely event of success of the main suit. This assertion has not been contested by the respondent," Justice Ssekaana decided.
"An order of security for costs protects the defendant in certain circumstances where, in the event of victory, the defendant may have trouble recovering costs from the plaintiff. The manner of security should be of a sort, and its quantity should be adequate, to preserve the defendant’s position as to expenses and yet not to suffocate the plaintiff’s claim."
The judge consequently ordered Don Zella to supply the court with a security of Shs20 million as expenses incurred and projected to be expended by Speke Apartments in the case.
Justice Ssekaana ordered the socialite to deposit the money within a period of three months from today.
"Alternatively, the respondent or plaintiff (Don Zella) may submit a bank guarantee or a bond within one month.