Wakilii

Charles Bwenvu v ABT Associates (Civil Suit No. 0126 of 2011)

High Court · [2019] UGHCCD 312 · 2019 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for libel arising from publication of employment termination notice
Decision
Plaintiff's claim for libel dismissed; no damages awarded

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A newspaper notice published by an employer informing the public that a former procurement officer was no longer employed and no longer authorised to conduct business on the company's behalf was not defamatory. The notice was a reasonable and fair attempt to protect the company's interests where the former employee had direct interaction with the public. The plaintiff's libel claim was dismissed.

Outcome

Plaintiff's claim for libel dismissed; no damages awarded

Facts

The plaintiff was employed by the defendant from December 2009 to April 2011 as an Administration Manager/Procurement Officer. His employment was terminated on 8 April 2011. On 19 May 2011, the defendant published a notice in the Daily Monitor newspaper containing the plaintiff's photograph and stating that he was no longer an employee, no longer authorised to conduct business on behalf of the company, and warning that anyone dealing with him in matters concerning the company did so at their own risk. The plaintiff sued for libel, claiming the notice portrayed him as unscrupulous, morally questionable, untrustworthy, and corrupt. The plaintiff called four witnesses who testified the publication depicted him as untrustworthy and damaged his reputation. The defendant pleaded justification and stated the notice was necessary to protect its interests given the plaintiff's former role involving public interaction.

Issues

  1. Whether the notice which was published by the defendant in the Daily Monitor Newspaper on 19/5/2011 was defamatory of the plaintiff.
  2. What remedies are available to the parties.

Orders

  • Suit dismissed.
  • Each party to bear its own costs.

Rules and key headnotes

Defamation — Libel — Publication of Employment Termination Notice — Whether Defamatory
A publication by an employer stating that a former employee is no longer employed and no longer authorised to conduct business on behalf of the company is not in itself defamatory, even where the notice includes a warning that persons dealing with the former employee do so at their own risk.
Defamation — Defence of Justification — Burden of Proof
Where the defence of justification has been pleaded in a defamation case, the burden is on the defendant to prove that the statements contained in the publication were true.
Defamation — Employer's Notice — Protection of Business Interests
An employer is justified in publishing a notice informing the public that a former employee who previously held a position involving direct interaction with the public is no longer authorised to conduct business on the employer's behalf, where the notice is published to protect the employer's legitimate business interests.
Defamation — Malice — Proof Required
The fact that an employment termination notice was published several weeks after the termination took effect does not in itself establish malice where no intention other than informing the public of the termination has been proved.

Cases cited (2)

  • John Patrick Machira v Wangethi Mwangi and anor KLR 532
  • Murozi Joel Benard v Stanbic Bank (Civil Suit No. 100 of 2001)

Full judgment

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

Charles Bwenvu v ABT Associates (Civil Suit No. 0126 of 2011) [2019] UGHCCD 312 (21 June 2019)
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.