Wakilii

Sembatya-Kimbowa v The Editor, The Observer & 2 Others (CIVIL SUIT NO. 482 OF 2018)

High Court · [2020] UGHCCD 12 · 2020 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for defamation proceeding to formal proof after interlocutory judgment entered; defendants failed to appear
Decision
Plaintiff succeeded on both issues; awarded general and exemplary damages with interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the newspaper article falsely depicting the plaintiff as having abused his position to acquire credit facilities was defamatory, as it lowered him in the estimation of right-thinking members of society. The defendants failed to appear or prove the truth of their publication. General damages of UGX 20,000,000 and exemplary damages of UGX 3,000,000 were awarded.

Outcome

Plaintiff succeeded on both issues; awarded general and exemplary damages with interest and costs

Facts

The plaintiff, Yusuf Sembatya Kimbowa, was chairman of the audit committee of the National Drug Authority and managing director of Kimsy Meds Ltd. On 3-5 July 2015, The Observer newspaper published an article under the subheading 'Free Money' stating that a whistle-blower accused Kimbowa of using his position to arm-twist secretariat staff into acquiring credit facilities not extended to business clients. The plaintiff's lawyers wrote seeking an apology and compensation. The defendants' lawyers requested time to consult but never reverted. The plaintiff testified that the article led pharmaceutical companies to query him and become reluctant to associate with his business. The defendants were served with summons but failed to file a defence or appear in court.

Issues

  1. Whether the publications were false and defamatory of the plaintiff.
  2. Whether the plaintiff is entitled to the remedies prayed for.

Orders

  • Judgment entered for the plaintiff.
  • The publication was defamatory of the plaintiff.
  • General damages awarded to the plaintiff in the sum of UGX 20,000,000.
  • Interest on general damages awarded at court rate from the date of judgment until payment in full.
  • Exemplary damages awarded to the plaintiff in the sum of UGX 3,000,000.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Defamation — Meaning and Publication — Test for Defamatory Statement
A defamatory statement is one which tends to lower a person in the estimation of right-thinking members of society, or to cause him to be shunned or avoided, or to expose him to hatred, contempt or ridicule, or to convey an imputation injurious to him in his office, profession, calling, trade or business.
Defamation — Burden of Proof — Presumption of Falsity
In defamation suits, if the words are defamatory or capable of being so construed, the law presumes that they are false and the burden shifts to the defendant to prove their truth. The plaintiff does not shoulder the initial burden of proving falsity or malice to establish a cause of action.
Defamation — Damages — Assessment of General Damages
In assessing general damages for defamation, what matters is the injury done to the plaintiff's reputation and character, taking into account wounded feelings and any insulting or malicious conduct on the part of the defendant. In the absence of evidence of malicious intent, an award must be reasonable and proportionate to the injury suffered.
Defamation — Exemplary Damages — Purpose and Limits
Exemplary damages are awarded not to enrich the plaintiff but to punish the defendant and deter repetition of the conduct. The award must not be excessive and the punishment must not exceed what would likely have been imposed in criminal proceedings if the conduct were criminal.

Cases cited (4)

  • A.K Oils & Fats (U) Ltd v Bidco Uganda Ltd (Civil Suit No. 715 of 2005)
  • Shah v Uganda Argus [1971] EA 362
  • Samwiri Lugogobe v Hussein Lukaga [1980] HCB 18
  • Obongo v Municipal Council of Kisumu [1971] EA 91

Full judgment

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

Sembatya-Kimbowa v The Editor, The Observer & 2 Others (CIVIL SUIT NO. 482 OF 2018) [2020] UGHCCD 12 (13 March 2020)
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.