The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | URN | High Court judge Collins Acellam has ordered journalist, Henry Lubulwa to pay 60 million shillings for defaming Letshego Uganda Limited, a microfinance organization and its Chief Executive Officer Aijukwe Germany Giles.
Using his website, Entebbe Post, Lubulwa allegedly defamed Aijukwe and Letshego when he wrote that they had fraudulently sold a house of a one Alex Niyonzima.
According to court record, Letshego extended a loan to Niyonzima who mortgaged his house located at Kisasi Nakawa division as collateral.
He however, defaulted on the loan repayment obligations despite several reminders.
Letshego decided to foreclose the house and subsequently sold it to a one Betty Kyomuhendo.
In their suit, Aijukwe maintains that the sale was legal as it was not challenged in any court of law.
In January 2023, while Aijukwe was on official leave in the USA, Lubulwa as a journalist, author and editor of Entebbe Post, contacted him inquiring about the allegations by Niyonzima about the illegal sale of his property.
That Aijukwe explained to Lubulwa the way the sale was conducted, and that there was nothing illegal about it. Unfortunately, in his story published on January 27, 2023, Lubulwa published a story on Entebbe Post website titled “Letshego CEO flees counry efter controversial sale of the borrower’s property”. Aijukwe said this story was malicious, false and defamatory.
He asked court that it should be taken down from all platforms on which it was published.
He also demanded that the court to grants him damages.
In his ruling, Justice Acellam found that indeed the story was defamatory.
“The publication by the defendant exposed hatred and ridicule to the Plaintiffs and the words indeed lowered the Plaintiffs’ standing before the right-thinking members of the society generally. The Plaintiffs attached comments from the public from phoenix that were commented on the defendant’s publication about the plaintiffs…The comments ridiculed and referred to the 1st Plaintiff as big thieves, fraudulent and some negative and tribalistic comments also arose against the 2nd Plaintiff. Such comments are not good for business given the 1st Plaintiff is a financial institution,” the judge ruled.
He therefore, awarded fifty million shillings in general damages and ten million shillings in exemplary damages.
“I have considered the weight of the allegations, and that the plaintiffs were generally accused of fraud, untrustworthiness, fleeing from accountability which was an attack on the moral character of the 2nd Plaintiff attributing to him dishonesty, fraud, running from accountability and lack of professionalism as can be interpreted from the publication.
In respect to the 1st Plaintiff, its course of business integrity was attacked. I have also considered the wide circulation of the said publication by the defendant,” the ruling reads in part.
The judge ordered Lubulwa to issue an unqualified apology on Entebbe post website and all the platforms on which the defamatory publication was published. He also ordered him to pay for the cost of the suit.
