Wakilii

Pastor Daniel Walugembe v Moses Besimira Karendere (Civil Suit 109 of 2019)

High Court · [2026] UGHCCD 163 · 2026 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for defamation arising from statements in an affidavit filed in separate court proceedings
Decision
Plaintiff's defamation suit dismissed on grounds of absolute privilege

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that statements made in judicial proceedings, including affidavits filed in court, are protected by absolute privilege and cannot form the basis of a defamation action, regardless of their falsity or malice. The defendant's affidavit in reply filed in separate court proceedings was absolutely privileged. The plaintiff's defamation suit was dismissed as the action was completely barred in law.

Outcome

Plaintiff's defamation suit dismissed on grounds of absolute privilege

Facts

The plaintiff, an international pastor and businessman, sued the defendant for defamation arising from an affidavit in reply filed by the defendant in Nabweru Chief Magistrates Court Family Application No. 001 of 2019. The affidavit stated that an applicant had fraudulently sold the defendant's matrimonial house and attached a sale agreement marked as annexure F, which identified the plaintiff as the alleged purchaser. The plaintiff claimed these statements were defamatory, lowering his reputation among right-thinking members of society. The defendant filed a written statement of defence relying on absolute judicial privilege and justification. The defendant and his counsel failed to appear at the hearing, and the plaintiff proceeded exparte.

Issues

  1. Whether the defendant's publication was defamatory of the plaintiff.
  2. What remedies are available to the parties.

Orders

  • Suit dismissed.
  • No order as to costs.

Rules and key headnotes

Defamation — Absolute Privilege — Judicial Proceedings
Statements made in judicial proceedings, whether orally or in documentary form, are protected by absolute privilege and cannot be the subject of a defamation action, regardless of their falsity or the malice of the maker.
Defamation — Absolute Privilege — Affidavits Filed in Court
An affidavit in reply filed in the course of judicial proceedings is absolutely privileged, and statements contained therein or documents attached thereto cannot form the basis of a defamation claim.
Defamation — Elements of the Cause of Action
To succeed in a defamation suit, a plaintiff must prove that the defendant published a statement about the plaintiff to another, that the statement was injurious to the plaintiff's reputation, that it was false, and that there are no applicable privileges or defences enjoyed by the defendant.
Written Statement of Defence — General Denials — Severance
Where a written statement of defence contains general denials in contravention of the Civil Procedure Rules but also discloses a material line of defence, the court may apply the principle of severance by striking out the offensive part and saving the part that discloses a material defence.

Legislation cited (6)

Cases cited (2)

Full judgment

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

Pastor Daniel Walugembe v Moses Besimira Karendere (Civil Suit 109 of 2019) [2026] UGHCCD 163 (26 May 2026)
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.