Delict and Tort Law

Adiga v Sabino & Anor (CIVIL SUIT No. 0002 OF 2017) [2018] UGHCCD 4 (11 January 2018);


Search Summary: 

The plaintiff's claim against the defendants jointly and severally is for general damages for unlawful suspension from duty and defamation, interest and costs. On or about 04 July 2012 the first defendant reported a case to Arua Central Police Station by which he accused the plaintiff and three other priests in the Diocese of having hatched a plan to assassinate him. Amidst subsequent arrangements for the amicable resolution of the dispute, the plaintiff was surprised when on 22 August 2014 he was suspended from exercising his priestly ministry. He has since then been denied support and sustenance by the second defendant. He contends that the suspension is unlawful and the contents of the letter of suspension are defamatory of him. He prayed for judgement to be entered in his favour against the defendants.

Headnote and Holding: 

With regard to the claim for unlawful suspension from duty, the court found that there is no enforceable employment contract existing between the plaintiff and the defendant the breach of which can be tried by this court. As regards the claim for defamation, the court found that the plaintiff did not plead any of the words he considers to be defamatory. The court added that the plaint does not allege persons or at least the category of persons to whom the publication complained of was made nor that the words uttered were false and that they were published maliciously. In the final result, the court held that preliminary objection is sustainedand found that suit is incompetent and it is hereby struck out.  


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