THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
CIVIL SUIT NO 92 OF 2003
1.
CHRIS COTTON
2.
KARITAS KARISIMBI……………………..………………….. PLAINTIFFS
VERSUS
1.
THE PEPPER PUBLICATIONS LTD.
2. RICHARD TUSIIME…………………………….………………DEFENDANTS
BEFORE HON. MR. JUSTICE GIDEON TINYINONDI
JUDGEMENT:
The Plaintiffs sued the Defendants for libel based on four publications. The plaint reads:-
“1. The 1st Plaintiff is an adult male of sound mind and Programmes Director at Capital FM Radio, and the 2nd Plaintiff is an adult female of sound mind and a Radio Presenter at Capital FM Radio, whose address of service for purposes of this suit shall be C/o Odere & Nalyanya Advocates, 3rd Floor Impala House, 13/15 Kimathi Avenue, P. O. Box 22490, Kampala.
2.
The 1st Defendant is a Publishing Company for the Red Pepper Newspaper and the 2nd Defendant its Editor-in-Chief, upon whom the Plaintiff’s advocate undertakes to effect service of court process.
3.
The Plaintiff’s claim against the Defendants jointly and severally for falsely and maliciously publishing articles defamatory of the Plaintiffs, where they seek general damages for libel, interest and costs.
4.
The Plaintiffs’ cause of action arose as follows: -
(a)
In the Red Pepper issue of 25 – 30 October 2002 at page 8 in an Article published the following words, (Annexture “A”):
“……..DJ Ronnie resigned his job on Thursday last week after a heated argument with a certain manager over matters to do with loving Karitas