Wakilii

Amondoi v Oryon (Civil Appeal 57 of 2023)

High Court · [2024] UGHC 797 · 2024 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court dismissing defamation suit for failure to disclose a cause of action
Decision
Appeal dismissed and lower court's dismissal of the defamation suit upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a plaint in a defamation suit must set out the defamatory words verbatim, together with the persons to whom publication was made. A plaint that merely reports what was said without reproducing the actual words does not disclose a cause of action. Where the alleged defamatory words were uttered in a local language, they must appear in that language in the plaint with an English translation. The trial magistrate's dismissal of the suit was upheld.

Outcome

Appeal dismissed and lower court's dismissal of the defamation suit upheld

Facts

The appellant sued the respondent for defamation, alleging that on 10 November 2021, the respondent publicly accused him of stealing two cows at a petrol station and hotel along Mbale Road in Soroti City. The appellant claimed the statement lowered his esteem before right-thinking members of society. The respondent denied the allegations and raised a preliminary objection that the plaint disclosed no cause of action. The trial magistrate found that the plaint did not plead the actual words alleged to have been used by the respondent, only stating that the respondent "publicly uttered a defamatory statement falsely accusing the appellant of stealing the respondent's two cows." Evidence at trial revealed the alleged defamatory words were uttered in Ateso language, but neither the Ateso words nor their English translation appeared in the plaint.

Issues

  1. Whether the learned trial magistrate erred in law and fact when he found that the plaint did not disclose a cause of action

Orders

  • Appeal dismissed.
  • Judgment and orders of the Chief Magistrate's Court of Soroti delivered on 3 May 2023 upheld.
  • Costs of the appeal and in the court below awarded to the respondent.

Rules and key headnotes

Defamation — Slander — Pleadings — Requirement to Plead Actual Words Verbatim
In a defamation suit, the actual words complained of as defamatory must be set out verbatim in the plaint; a mere report of what was said is insufficient to disclose a cause of action.
Defamation — Pleadings — Defamatory Words in Local Language
Where alleged defamatory words were uttered in a local language, they must appear in that language in the plaint followed by a literal translation in English.
Pleadings — Cause of Action — Determination from Plaint Only
In determining whether a plaint discloses a cause of action, the court considers only the plaint and its annexures, not witness statements or evidence given during cross-examination.
Pleadings — Particulars — Defamation Suits
Defamation is a case in which particulars are necessary under Order 6 Rule 3 of the Civil Procedure Rules; the precise words used and the names of persons to whom they were uttered must be set out in the statement of claim.
Cause of Action — Definition — Essential Elements
A cause of action comprises every fact which is necessary to be proved to entitle the claimant to succeed; in determining whether a plaint discloses a cause of action, proof is necessary that the plaintiff enjoyed a right, that the right has been violated, and that the defendant is liable.

Legislation cited (5)

Cases cited (11)

  • Kifamunte Henry v Uganda (Supreme Court Criminal Appeal No. 10 of 1997)
  • Father Nanensio Begumisa and Three Others v Eric Tiberaga (Supreme Court Criminal Appeal No. 17 of 2000)
  • Baguma Fred v Uganda (Supreme Court Criminal Appeal No. 7 of 2004)
  • Angwee v Odongo & Anor (Civil Suit No. 0065 of 2011)
  • Rutare S. Leonidas v. Rudakubana Augustine and Kagame Eric William [1978] H.C.B 243
  • Karaka Sira v. Tiromwe Adonia [1977] H.C.B 26
  • Cooke v Gill (1873) LR 8 CP 107 at 116
  • Read v Brown (1888) 22 QBD 128 at 131, CA
  • Auto Garage & Others Vs Motokov (No.3) (1971) EA at page 519
  • Dr Ekure John v Dinah Odaet (High Court Civil Suit No. 41 of 2019)
  • Nkalubo vs Kibirige [1973] EA 102

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Amondoi v Oryon (Civil Appeal 57 of 2023) [2024] UGHC 797 (27 August 2024)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.