Wakilii

Hon.Maj.Gen.(Rtd) Kahinda Otafire v The New Vision Printing and Publishing Corporation and 2 Others (Civil Suit No. 505 of 2019)

High Court · [2022] UGHCCD 88 · 2022 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objections in a defamation suit at first instance
Decision
Suit dismissed as res judicata

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed a defamation suit as res judicata where the same publication had been adjudicated in a prior contempt proceeding in which the court found the publication defamatory and awarded damages. The 2nd and 3rd defendants were held to be privies of the 1st defendant publisher. The court also held that the defendants' written statement of defence was filed within time under CPR Order 51 rule 4, which excludes the period between 24 December and 15 January from computation of time.

Outcome

Suit dismissed as res judicata

Facts

The Plaintiff sued the Defendants for defamation arising from a publication in the Saturday Vision Newspaper dated 12 October 2019. The Defendants raised two preliminary objections: that their written statement of defence was filed out of time, and that the suit was res judicata. Earlier, the Plaintiff had commenced Miscellaneous Cause No. 44 of 2019 against the 1st Defendant for contempt of an order in HCCS No. 661 of 2003 (which had granted a permanent injunction restraining defamatory publications). That contempt proceeding concerned two publications, including the same 12 October 2019 publication. The court in MC 44/2019 found the publications defamatory and awarded the Plaintiff general damages of UGX 100 million and exemplary damages of UGX 50 million, plus a contempt fine of UGX 50 million. The Plaintiff then commenced the present suit on 27 November 2019 seeking a declaration, permanent injunction, and damages in respect of the same 12 October 2019 publication.

Issues

  1. Whether the Defendants' written statement of defence was filed out of time?
  2. Whether Civil Suit No. 505 of 2019 is res judicata?

Orders

  • The preliminary objection that the suit is res judicata is upheld.
  • Civil Suit No. 505 of 2019 is dismissed.
  • Costs awarded to the Defendants.

Rules and key headnotes

Civil Procedure — Computation of Time — Exclusion of Period Between 24 December and 15 January
Under CPR Order 51 rule 4, the period between 24 December and 15 January (both inclusive) is not reckoned in computing time for filing pleadings unless the court directs otherwise or the matter is urgent.
Civil Procedure — Res Judicata — Essential Elements
A suit is barred by res judicata where: (a) there was a former suit between the same parties or their privies; (b) the matter was heard and finally determined by the court on its merits; (c) the matter was heard by a court of competent jurisdiction; and (d) the fresh suit concerns the same subject as the previous suit.
Civil Procedure — Res Judicata — Defamation — Adjudication in Prior Contempt Proceeding
Where a court has adjudicated a publication as defamatory and awarded damages in a contempt proceeding, a subsequent defamation suit based on the same publication is res judicata, notwithstanding that the prior proceeding was framed as contempt rather than as a defamation action.
Civil Procedure — Res Judicata — Parties — Privies
Journalists employed by or acting as agents of a publisher are privies of the publisher for purposes of res judicata. A suit against the publisher and its employee journalists is barred where the same publication was adjudicated in a prior suit against the publisher alone.
Civil Procedure — Res Judicata — Extent of Relief Granted — Approbation and Reprobation
A plaintiff who obtains judgment and damages in a prior suit on the same facts cannot bring a fresh suit seeking more comprehensive reliefs. The proper remedy is review or appeal, not a fresh suit. A party cannot approbate and reprobate by taking advantage of a court order and then rebounding from it.

Legislation cited (3)

Cases cited (12)

  • Amamu Limited v Barclays Bank Uganda Limited and Another (High Court Civil Suit No. 21 of 2010)
  • Kamunye and Others v Pioneer General Insurance Society Ltd [1971] EA 263
  • Greenhalgh v Mallard [1947] 2 All ER 255
  • Ponsiano Semakula v Susane Magala and Others (1993) KALR 213
  • Maniraguha Gashumba v Sam Nkundiye (Court of Appeal Civil Appeal No. 23 of 2005)
  • Bithum Charles v Adoge Sally (High Court Civil Suit No. 20 of 2015)
  • Ganatra v Ganatra [2007] 1 EA 76
  • Karia and Another v Attorney General and Others [2005] 1 EA 83
  • Attorney General and Another v Charles Mark Kamoga (Miscellaneous Application No. 1018 of 2015)
  • Male H. Mabirizi Kiwanuka v Attorney General (High Court Miscellaneous Application No. 89 of 2022)
  • Republic v Institute of Certified Public Secretaries of Kenya (High Court Miscellaneous Application No. 322 of 2008)
  • Banque De Moscou v Kindersley [1950] 2 All ER 549

Full judgment

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Hon.Maj.Gen.(Rtd) Kahinda Otafire v The New Vision Printing and Publishing Corporation and 2 Others (Civil Suit No. 505 of 2019) [2022] UGHCCD 88 (20 May 2022)
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.