Court dismisses defamatory case against Dr .Ddumba

Jan 27, 2016

By a two to one majority judgment, the court further ruled that Jamada Lubanga should have sued the Attorney General, in his capacity as the Government’s chief legal officer, but not Dr. Ddumba



Dr Edward Ddumba was justified to tell the media that Jamada Lubanga had a mental illness that was being investigated at Butabika Hospital, the Court of Appeal has ruled.

Upholding the High Court judgment, the court also ruled that Jamada Lubanga had earlier implicated himself when he held an interview with the same media at Butabika Hospital, describing himself as mentally sick.

By a two to one majority judgment, the court further ruled that Jamada Lubanga should have sued the Attorney General, in his capacity as the Government's chief legal officer, but not Dr. Ddumba in his personal capacity, because he said what he said of him in his official capacity as head of the referral hospital where Lubanga was an employee.

Justice Remmy Kasule wrote the lead majority judgment to which Justice Solomy Balungi Bbosa concurred.

They ordered Lubanga to pay Ddumba cost of the appeals; in the Court of Appeal and in the High Court plus those in the trial Grade I Magistrate's court.

Justice Lillian Tibatemwa Ekirikubinza dissented, saying that she would allow the appeal with costs against Dr Ddumba.

Lubanga, however, had earlier successfully sued Dr. Ddumba in the Nakawa Chief Magistrate's court for defamation, where a Grade One Magistrate had ordered Dr. Ddumba to pay sh20m in damages.

However, Justice Vincent Musoke-Kibuuka of the High Court, now retired, overturned the Grade One Magistrate's judgment, saying that Ddumba was vindicated from defaming Lubanga on the ground that had himself described himself to the media as mentally sick, hence his second appeal.

The court also agreed with Joseph Kasozi who represented Dr. Ddumba that Lubanga should not have sued Dr. Ddumba, but the Attorney General, because he was defending Mulago Hospital and himself as head of administration of the referral hospital.


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