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HonMajGen(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
Decision
Suit dismissed on the ground of res judicata

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the plaintiff's defamation suit on the ground of res judicata. The court held that the same publication of 12 October 2019 had been adjudicated in a prior Miscellaneous Cause where the court found the publication defamatory and awarded damages. The plaintiff could not bring a fresh suit on the same facts and subject matter. The court also held that the defendants' written statement of defence was filed within time when the exempted period under Order 51 rule 4 CPR was deducted.

Outcome

Suit dismissed on the ground of 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. The plaintiff had previously brought Miscellaneous Cause No. 44 of 2019 against the first defendant for contempt of a permanent injunction issued in HCCS No. 661 of 2003. In that Miscellaneous Cause, the court found that publications dated 16 February 2019 and 12 October 2019 were defamatory and awarded the plaintiff general damages of UGX 100,000,000 and exemplary damages of UGX 50,000,000, in addition to a fine for contempt. The second and third defendants in the present suit were journalists employed by the first defendant.

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

  • Preliminary objection that the written statement of defence was filed out of time overruled.
  • Preliminary objection that the suit is res judicata upheld.
  • Civil Suit No. 505 of 2019 dismissed.
  • Costs awarded to the Defendants.

Rules and key headnotes

Civil Procedure — Time Limits — Computation of Time — Exempted Period Between 24 December and 15 January
Under Order 51 rule 4 of the Civil Procedure Rules, the period between 24 December and 15 January (both days inclusive) is not reckoned in computing time for filing pleadings unless the court otherwise directs or the matter is urgent.
Civil Procedure — Res Judicata — Essential Elements — Same Parties, Same Subject Matter, Final Determination
A suit is barred by res judicata where there was a former suit between the same parties or their privies, the matter was heard and finally determined on its merits by a court of competent jurisdiction, and the fresh suit concerns the same subject matter as the previous suit.
Civil Procedure — Res Judicata — Privies — Employees and Agents as Privies of Principal Defendant
Where journalists are sued in their capacity as employees or agents of a publisher, they are privies of the publisher for purposes of res judicata. An independent cause of action cannot be sustained against the employees in the absence of the publisher who was the defendant in the previous suit.
Civil Procedure — Res Judicata — Scope of Determination — Defamation Adjudicated in Contempt Proceedings
Where a court in contempt proceedings evaluates evidence and makes a finding that a publication is defamatory before awarding damages for defamation, the defamatory nature of that publication has been finally determined. A subsequent suit seeking damages for the same publication is res judicata.
Civil Procedure — Res Judicata — Reliefs Claimed — Inability to Bring Fresh Suit for More Comprehensive Reliefs
Where a court makes a finding and award in favour of a claimant but awards less than claimed or does not consider some category of reliefs, the claimant cannot bring a fresh suit for more comprehensive reliefs. The remedy lies in review or appeal, not a subsequent suit.
Civil Procedure — Approbation and Reprobation — Estoppel from Taking Inconsistent Positions
A party who takes advantage of a court process and receives orders and awards in his favour is estopped from finding a fresh cause of action upon the same facts and subject matter. A party cannot approbate and reprobate by taking advantage of a court process 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. 089 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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HonMajGen(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.