Wakilii

The Editor New Vision Printing & Publishing & Anor v Karema (Hct-05-cv-ca-0048-2008)

High Court · [2010] UGHC 17 · 2010 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from judgment and decree of the Chief Magistrate Mbarara
Decision
Appeal dismissed with costs. Judgment and decree of the Chief Magistrate Mbarara affirmed.

Observed later treatment

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Holding

Appeal dismissed. The court held that defamatory publications need not name the plaintiff explicitly if reasonable persons would understand them to refer to the plaintiff. Libel is actionable per se without proof of actual pecuniary loss. The respondent hospital proprietor was properly awarded UGX 30 million in aggravated damages for defamatory articles alleging ritual murder at his hospital.

Outcome

Appeal dismissed with costs. Judgment and decree of the Chief Magistrate Mbarara affirmed.

Facts

The New Vision Printing & Publishing Corporation published three defamatory articles in July 2004 in its sister paper Orumuri alleging that a woman named Gertrude Twongyeirwe was murdered in a ritual sacrifice at a newly built hospital in Mbarara and buried at its gate. The articles stated that a woman named Elizabeth had been arrested and that the hospital owners paid her UGX 3.5 million for procuring the victim. The Respondent, Nathan Karema, was the proprietor and chief executive officer of Mbarara Community Hospital at Kakiika, a newly opened facility. Following publication, police investigated and questioned hospital employees but found the stories false. The Respondent sued for defamation. The appellants argued that the publications did not name the Respondent or his hospital and that the matter was of public concern. The Chief Magistrate found for the Respondent and awarded UGX 30 million in damages.

Issues

  1. Whether the defamatory publications referred to the Respondent and Mbarara Community Hospital.
  2. Whether Mbarara Community Hospital, which was not a party to the suit, could be defamed and whether this affected the Respondent.
  3. Whether the award of UGX 30 million in aggravated damages was excessive.
  4. Whether damages could be awarded in the absence of proof of actual pecuniary loss.

Orders

  • Appeal dismissed.
  • Costs of the appeal to the Respondent.
  • Costs of the lower court proceedings to the Respondent.

Rules and key headnotes

Defamation — Reference to Plaintiff — No Requirement to Name Explicitly
In a defamation action, the plaintiff need not be referred to by name in the publication provided the defamatory words would be understood by reasonable persons to refer to the plaintiff.
Defamation — Corporate Defamation — Effect on Shareholders and Directors
Defamation of a limited liability company constitutes defamation of its shareholders and directors because companies act through their directors and employees, and defamation of a body of directors involves defamation of each member thereof.
Defamation — Libel Actionable Per Se — No Proof of Pecuniary Loss Required
Libel is actionable per se without proof of damages. A plaintiff is entitled to damages for injured feelings, reputation, annoyance, and irritation, which are inferred as natural and foreseeable consequences of the publication, without the need to produce witnesses to prove avoidance or pecuniary loss.
Defamation — Quantum of Damages — Aggravated Damages
The quantum of damages in defamation is based on the plaintiff's reputation, the absence of an apology, the extent of publication, the status of the plaintiff in society, the reckless manner of publication, and the plaintiff's business interests. An appellate court will not interfere with an award of damages unless it is manifestly excessive.
Appeals — First Appellate Court — Duty to Rehear Evidence
As a first appellate court, the duty is to rehear the case by subjecting the evidence to fresh and exhaustive scrutiny, giving allowance only to the fact that the appellate court did not see the witnesses testify.

Legislation cited (1)

Cases cited (8)

  • Herbert Ntabaoba v New Vision (High Court Civil Suit No. 113 of 2003)
  • Newstead v London Express Newspaper Ltd [1940] 1 KB 377
  • Life Farm v Makomson (1848) 9 ER 910
  • Edrisa Sekitoleko v Attorney General [1978] HCB 193
  • Kiaozi v Hon. Abu Mayanja (Civil Suit No. 149 of 1965)
  • Knupffer v London Express Newspaper Ltd [1944] AC 116
  • Lalobo v Lakidi [1971] EA 87
  • Blaze Babigumira v Harms Besigye (High Court Civil Suit No. 744 of 1992)

Full judgment

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

The Editor New Vision Printing & Publishing & Anor v Karema (Hct-05-cv-ca-0048-2008) [2010] UGHC 17 (12 February 2010)
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.