Defamation

Ssejjoba Vs Rwabigonji (CIVIL SUIT NO. 1 OF 1976) [1977] UGHCCD 1 (18 February 1977);

Flynote: 

Search Summary: 

In this case, the plaintiff brought an action in defamation against the defendant, as a result of a letter written by the defendant.

The plaintiff was the assistant headmaster of the school. The letter containing the allegations was wrote and copies sent to the District Education officer, Masaka and to the Chairman Parents Committee.

The defendant admitted the writing and publication, and pleaded qualified privilege to the charges.

 

The issues that were raised were, whether the letter was defamatory. Whether qualified privileged applied, and whether the plaintiff suffered damage as a result.

 

Headnote and Holding: 

The court found that the letter was the most defamatory letter written. The absence of a genuine belief in the truth of the statement was conclusive proof of malice.

 

The defense of qualified privilege failed since the defendant failed to prove that the publications were made honestly, and in discharge of his public duty to the school.

The plaintiffs claim succeeded and the defendant was held liable.

 

With regards to damages, it was held that libel is actionable per say, there was no need to prove damages suffered.
 

The plaintiff was thereby awarded damages of 5,000/=.

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