Wakilii

Dr Crispus Kiyonga v Kahyana Jolly (Miscellaneous Application 71 of 2022)

High Court · [2023] UGHC 559 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judgment on admission arising from defamation suit
Decision
Judgment on admission granted; permanent injunction issued; damages awarded; public apology ordered

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted judgment on admission in a defamation suit where the defendant, a musician, had published a song defaming the plaintiff, a former minister and ambassador. The defendant admitted liability through an apology letter and a guilty plea to criminal libel charges. The court awarded general and exemplary damages of UGX 4,000,000, issued a permanent injunction restraining further publication of the defamatory song, and ordered a public apology on local radio stations.

Outcome

Judgment on admission granted; permanent injunction issued; damages awarded; public apology ordered

Facts

The applicant, Dr Chrispus Kiyonga, a former minister and Uganda's Ambassador to China, sued the respondent, a musician, for defamation arising from a song titled 'ASUBWIRE' published in March 2020. The song contained lyrics in Lhukonzo language describing the applicant as malicious and evil-minded, alleging he pursued persons who obtained good jobs or money to bring them down. The song spread widely in Kasese and surrounding districts and on social media. The respondent initially defended the suit claiming fair comment but later wrote an apology letter dated 27 September 2020 admitting the defamatory content. The respondent also pleaded guilty to criminal libel charges before the Chief Magistrate's Court in Kasese on 11 March 2021 and was convicted. The applicant then filed this application seeking judgment on admission based on the apology letter and guilty plea. The respondent was served with the application but did not file a response.

Issues

  1. Whether this is a proper case for grant of a judgment on admission against the Respondent?
  2. What remedies are available to the parties?

Orders

  • Judgment on admission entered against the Respondent in HCT 01-CV-CS No. 016 of 2020.
  • Declaration that the statements made and published by the Respondent in his song titled 'ASUBWIRE' defamed the Applicant.
  • Permanent injunction issued restraining the Respondent, his agents, assignees or those claiming in his title from continuing to broadcast or publish the song titled 'ASUBWIRE'.
  • General and exemplary damages of UGX 4,000,000 awarded to the Applicant.
  • Respondent to offer a public apology on local radio stations in Kasese District for three days at his own cost within two days from the ruling.
  • Each party to bear its own costs in the head suit.
  • Respondent to pay the Applicant the costs of taking out this application.

Rules and key headnotes

Defamation — Libel — Judgment on Admission — Effect of Apology Letter and Criminal Conviction
Where a defendant in a defamation suit initially denies liability but subsequently writes an apology letter admitting the defamatory publication and pleads guilty to criminal libel charges arising from the same conduct, the court may grant judgment on admission as the defendant has made a clear and unequivocal admission of liability.
Judgment on Admission — Requirements — Clear and Unequivocal Admission
A judgment on admission under Order 13 Rule 6 of the Civil Procedure Rules is not a matter of right but one of judicial discretion. The admission must be unambiguous, clear, unequivocal and positive. The judge's discretion is to be exercised only in plain cases where the admissions of fact are so clear and unequivocal that they amount to an admission of liability entitling the plaintiff to judgment.
Judgment on Admission — Sources of Admission — Admissions Otherwise Than on Pleadings
Under Order 13 Rule 6 of the Civil Procedure Rules, admissions may come to court in ways other than on the parties' pleadings, including by way of documents executed by parties, or by way of oral or written statements made by a party during proceedings. The words 'either on the pleadings or otherwise' cover admissions that come to court in other ways than on the parties' pleadings.
Burden of Proof — Ex Parte Proceedings — Uncontested Applications
Where an application is not opposed or contested by the respondent, the applicant retains the burden to prove the case on the balance of probability. The court retains discretion to decline granting the application if the standard of proof is not met, notwithstanding the absence of opposition.
Defamation — Damages — Assessment — Reconciliatory Considerations
In assessing damages for defamation, the court may take into account the plaintiff's reconciliatory approach, the political climate under which the defamatory publication was made, and the defendant's economic circumstances. Granting large sums against a local artist may be unjust where it would strangle the defendant's talent.

Legislation cited (7)

Cases cited (4)

  • Mary Ochaloi v Mulindwa John Katabarwa (Civil Suit No. 6 of 2022)
  • Connie Kekiyonzawatuwa and 2 Others v Attorney General (Miscellaneous Application No. 544 of 2020)
  • Future Stars Investment (U) Ltd v Nasuru Yusuf (High Court Civil Suit No. 12 of 2017)
  • Board of Governors Nebbi Town S.S.S v Jaker Food Stores Limited (High Court Miscellaneous Application No. 62 of 2016)

Full judgment

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

Dr Crispus Kiyonga v Kahyana Jolly (Miscellaneous Application 71 of 2022) 2023 UGHC 559 (27 February 2023)
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.