Wakilii

New Vision Printing and Publishing Company Limited v Opika Opoka (Civil Appeal No. 21 of 2013)

Court of Appeal · [2021] UGCA 88 · 2021 Appeal Dismissed; Damages Reduced AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from a High Court judgment awarding general damages for defamation
Decision
Appeal dismissed; general damages award reduced from UGX 75,000,000 to UGX 45,000,000

Observed later treatment

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Holding

The Court of Appeal dismissed the appeal against a High Court finding of defamation. It held that although a plaintiff who is not named must prove the words referred to him, extrinsic evidence — including witness testimony and a subsequent published photograph — sufficiently connected the defamatory treason article to the respondent. Imputing treason is defamatory per se, and it was immaterial that the respondent retained his university chairmanship. The plaintiff bore and discharged the burden of proof, but once words are defamatory in their natural meaning the onus shifts to the defendant. On damages, the Court found the UGX 75,000,000 award excessive and, applying comparative awards, reduced it to UGX 45,000,000.

Outcome

Appeal dismissed; general damages award reduced from UGX 75,000,000 to UGX 45,000,000

Facts

The New Vision newspaper published an article on 19 May 2005 stating that FDC official Louis Otika had been linked to a treason case, and that others linked to the case included Opika Opoka. The respondent, Opika Opoka, a retired public servant and Chairman of Gulu University Council, sued for defamation, contending the article imputed that he was a rebel involved in treason. The appellant did not deny publication but argued the allegations were justified, made in good faith, and that the article referred to another person of the same name. Three days later the newspaper published a sports article accompanied by a photograph of Opika Opoka. Witnesses testified that they interpreted the treason article as referring to the respondent; his wife was subjected to a thorough security check at the airport. The High Court found the article defamatory and awarded UGX 75,000,000 general damages plus interest and costs. The appellant appealed on evaluation of evidence, defamatory nature, burden of proof, and quantum of damages.

Issues

  1. Whether the article complained of referred to the Respondent.
  2. Whether the article complained of defamed the Respondent.
  3. Whether the burden of proving the identity of the person referred to in the article lies with the defendant in a defamation action.
  4. Whether the trial judge erred in law in the award of damages.

Orders

  • Award of UGX 75,000,000 general damages reduced to UGX 45,000,000.
  • Appeal dismissed.
  • Costs to the Respondent in this Court and in the courts below.

Rules and key headnotes

Defamation — Reference to the Plaintiff — Identification by Reasonable Readers and Use of Extrinsic Evidence
Where a plaintiff is not named, the test is whether the words used would reasonably lead persons acquainted with the plaintiff to believe he was the person referred to; extrinsic evidence, including a subsequently published photograph, is admissible to connect the plaintiff with the person referred to in the article.
Defamation — Reference to the Plaintiff — Publisher's Intention Irrelevant
It is not necessary that the publisher intended the statement to refer to the plaintiff; it suffices that a reasonable person with the relevant knowledge would understand the words to refer to the plaintiff.
Defamation — Defamatory Meaning — Imputation of Treason Actionable Per Se
An imputation that a person committed treason, a serious criminal offence, is defamatory per se because it lowers the plaintiff in the estimation of right-thinking members of society; it is immaterial that the plaintiff retained his public office.
Defamation — Burden of Proof — Shift to Defendant Once Words Defamatory in Natural Meaning
The plaintiff bears the burden of proving the words referred to and defamed him, but where words are defamatory in their natural and ordinary meaning the onus shifts to the defendant to show they would not be understood by reasonable persons in the imputed sense.
Defamation — General Damages — Appellate Interference and Comparative Awards
An appellate court will not interfere with a trial court's discretionary award of general damages unless the award is manifestly excessive or based on a wrong principle; general damages for defamation are assessed by reference to the gravity of the allegation, extent of circulation, effect of publication, the claimant's reputation, and the parties' conduct, guided by comparable awards.

Legislation cited (2)

Cases cited (21)

  • Winfield and Jolowicz On Tort, 17th Edition At Page 515-34 Para 12-18
  • Astaire v. Campling (1996) 1 WLR 32 at page 41
  • Francis Lukooya Mukoome and Anor v The Editor in Chief Bukedde Newspaper & Another (Civil Suit No. 351 of 2007)
  • Jovelyn Bamugahare v Attorney General (Civil Appeal No. 28 of 1993)
  • Maria Ciabaitaru M'mairanyi and Others v Blue Shield Insurance Company Limited, 2000 (2005) (EA 280)
  • Banco Arabe Espanol v Bank of Uganda (Civil Appeal No. 8 of 2001)
  • Knupffer v London Express News Paper Ltd [1944] Ac 116 at 119
  • Onama v Uganda Argus [1969] EA 92
  • Salmon & Huston on the Law of Torts (19th edition) at p 143 para 3.8
  • Morgan v Odhams Press Ltd [1971] ALLER 1159
  • Gatley on Libel and Slander (8th edition) at p 123 para 281
  • Hough v London Express Newspapers Ltd [1940] 3 ALLER 31
  • Ssejjoba Geoffrey v Rev. Rwabigonji Patrick [1977] H.C.B 37
  • Sekitoleko Edirisa v Attorney General
  • Odongkara v Bob Astles [1970] EA 377
  • John v MGN Ltd [1996] 2 ALL ER 35 at 47
  • Khasakhala v Aurali and Others [1995-98]1 E.A. 112
  • David Kachontori Bashakara v Kirunda Mubarak (Civil Suit No. 62 of 2009)
  • Joseph Kimbowa Lutaaya v Francis Tumuheirwe (Civil Suit No. 862 of 2001)
  • Abu Bakr Kakyama Mayanja v Tedi Seezi Cheeye (Civil Suit No. 261 of 1992)
  • Mbogo and another v Shah [1968] EA 93

Full judgment

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

New Vision Printing and Publishing Company Limited v Opika Opoka (Civil Appeal No. 21 of 2013) [2021] UGCA 88 (18 March 2021)
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.