Monitor Publications Ltd v Ricky Nelson Asiimwe (CIVIL APPEAL NO. 16 OF 2015) [2017] UGSC 72 (30 March 2017);


Search Summary: 

This was an appeal from dismissal of an appeal to the Court of Appeal. The grounds of the appeal were that the Justices of Appeal erred in holding the appellant had not proved the sting and the defense of justification, and that they erred in awarding damages to the respondent.


The appellant argued that the court imposed on him the burden of proving theft and justification as if the case was criminal. The appellant further submitted that the arrest of the respondent and other people he dealt with was evidence that he stole the items, which the court failed to consider.


Counsel for the respondent submitted that there was no evidence of his attendance and participation in the theft, neither had he been arrested. Thus, he argued that the Justices of Appeal had properly decided the matter.


Headnote and Holding: 

From the evidence that was on record, the court found that the only evidence that there was no evidence that the appellant conspired with two others to steal. The only evidence was that the appellant had failed to record the items in the register book, which the court found insufficient to prove conspiracy to steal, rather neglect of duty. In the result, the defense of justification could not stand as the appellant had failed to prove the subject matter in the case.


With regard to damages, the appellant argued that the respondent was not entitled to any as he already had a poor reputation at work. The court found that the respondent was entitled to damages for his reputation, and considering the gravity of the allegations, which portrayed him as a thief and untrustworthy.


Accordingly, the appeal failed and was thereby dismissed with costs.


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