Wakilii

Etuket and Another v New Vision Printing and Publishing Corporation (Civil Suit 86 of 1996)

High Court · [2000] UGHC 43 · 2000 Judgment for Plaintiffs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for defamation following default judgment entry and formal proof of damages
Decision
Judgment for plaintiffs; defendant ordered to pay general damages totalling Shs 3,000,000 plus interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that publications associating the plaintiffs' vehicle with rebel activities were defamatory per se. Special damages rejected for lack of strict proof. General damages awarded at Shs 2,000,000 for the first plaintiff and Shs 1,000,000 for the second plaintiff based on anxiety and embarrassment suffered, though no evidence was led showing disparagement of reputation in the eyes of right-thinking members of society. Punitive damages refused as conduct did not warrant such an award.

Outcome

Judgment for plaintiffs; defendant ordered to pay general damages totalling Shs 3,000,000 plus interest and costs

Facts

The first plaintiff, a high-ranking foreign service officer holding the rank of Counsellor, and his wife, the second plaintiff, owned a Toyota Camry registration number UPS 942. On 18 August 1995, the New Vision newspaper published a front-page story stating that six suspected members of a rebel group had been arrested travelling in a white Toyota Saloon Car, UPS 942, on their way to a secret meeting in Luwero. The first plaintiff was attending a government conference in Nairobi when informed of the story and immediately returned to Kampala. The second plaintiff, who had driven the car to work that morning, was shocked and embarrassed and unable to drive it home. The first plaintiff obtained police clearance confirming the vehicle was not subject to police inquiry. On 23 August 1995, the New Vision published a second article headlined 'Woman Claims Rebel Car Plate' naming the second plaintiff. The plaintiffs demanded a retraction and apology through their lawyers. The defendant published an apology on 25 August 1995 and subsequently offered nominal compensation but did not follow through. The defendant was served with summons but failed to enter appearance or file a defence, resulting in interlocutory judgment by default.

Issues

  1. Whether the publications in the New Vision newspaper dated 18th and 23rd August 1995 were defamatory of the plaintiffs.
  2. Whether the plaintiffs are entitled to special damages and if so, in what quantum.
  3. Whether the plaintiffs are entitled to general damages and if so, in what quantum.
  4. Whether the plaintiffs are entitled to punitive or exemplary damages.

Orders

  • Judgment entered for both plaintiffs against the defendant.
  • Defendant to pay Shs. 2,000,000 to the first plaintiff as general damages.
  • Defendant to pay Shs. 1,000,000 to the second plaintiff as general damages.
  • Interest at court's rate awarded on general damages from date of filing suit until payment in full.
  • Defendant to pay the costs of the suit to the plaintiffs.

Rules and key headnotes

Defamation — Libel — Words imputing criminal conduct — Defamatory per se
Words which import or attribute a criminal offence or conduct on the part of the person or persons against whom they are written are defamatory per se, meaning that by themselves and without extrinsic proof, they injure the reputation of the person to whom they are applied.
Defamation — Burden of proof — Presumption of falsity and malice
In defamation actions, the plaintiff does not bear the burden of proving falsity or malice to establish a cause of action. If the words are defamatory, the law presumes they are false and that the wrongful act was done intentionally or recklessly, placing the burden on the defendant to prove truth.
Special Damages — Strict proof required — Failure to adduce receipts or corroborating evidence
Special damages must always be strictly proved. Claims for expenses such as alternative transport hire or air tickets cannot be awarded where no receipts are produced and no corroborating evidence is led, even where the plaintiff testifies to having incurred the expense.
General Damages — Need for evidence of effect on right-thinking members of society
To recover substantial general damages in a defamation action, the plaintiff must adduce evidence from colleagues or members of society who knew the plaintiff before the publication and who read the article, to prove reduction in reputation or esteem in the eyes of right-thinking members of society. The plaintiff's own evidence alone cannot prove this essential element.
General Damages — Nominal damages versus aggravated damages
Once libel is proved without lawful justification, the law presumes some damage from the mere invasion of the right to reputation, entitling the plaintiff to at least nominal damages. Where the plaintiff proves anxiety, annoyance, pain, or embarrassment but fails to prove reduction in reputation among right-thinking members of society, general damages above nominal level but below aggravated damages may be awarded.
Punitive or Exemplary Damages — Conduct of defendant — When appropriate
Punitive or exemplary damages are meant to punish the defendant for the wrong done and act as a deterrent. They are awarded without reference to any proved actual loss and depend on the conduct of the defendant and persistence in repeating the libel. Where the defendant offered compensation and did not persist in the wrong, punitive damages are not appropriate.

Cases cited (8)

  • Dr J A Kamanyire v Editor of The New Vision Newspaper and The New Vision Printing and Publishing Corporation (1992) I KALR 733
  • John Nagencia v Sabena Belgian World Airlines (1992) I KALR 13
  • Uganda v Bob Astles (1970) EA 374
  • J P Muhakuli Eleundu II v Teddy Sseezi Cheeye and Another (1992-1993) HCB 185
  • Eriab Wavamunno v Teddy Sseezi Cheeye (1992-1993) HCB 173
  • Ruhakana Rugunda v Teddy Sseezi Cheeye and Another (1992-1993) HCB 185
  • Daniel Oboth v The New Vision Newspaper (SC CA No 12 of 1990)
  • Davis v Sheh [1957] EA 352

Full judgment

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

Etuket and Another v New Vision Printing and Publishing Corporation (Civil Suit 86 of 1996) [2000] UGHC 43 (8 September 2000)
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.