Pastor loses defamation case in land dispute

KAMPALA - The Civil Division of the High Court has dismissed a defamation suit filed by Pastor Daniel Walugembe.

Justice Boniface Wamala dismissed the case filed by Walugembe, who had claimed that Moses Besimira Karendere injured his reputation when he filed affidavits at the Nabweru Magistrate’s Court on January 17, 2019.

Walugembe argued that Karendere imputed that he (Walugembe) was a hypocrite and a crafty, deceitful person.

According to court documents, Karendere filed an affidavit in a case where he sued Doreen Ninsiima, accusing her of fraudulently selling his land to Walugembe. Karendere attached a copy of the sales agreement.

“The action by the plaintiff is unsustainable and devoid of any merit. The plaintiff is incapable of proving any action in defamation against the defendant. The suit is accordingly dismissed,” Justice Wamala declared in a judgment delivered on May 26, 2026.

The judge noted that the statement alleged to be defamatory arose from court proceedings and was, therefore, protected by absolute privilege under the law.

“In the present case, the statement alleged to be defamatory of the plaintiff was made in an affidavit in reply in the course of a judicial proceeding. Whether the statement was wrong or even malicious, the defendant is covered by the complete immunity on account of absolute privilege.

 A statement picked from a judicial pleading, a matter of evidence or proceeding is not actionable on defamation. For that reason, I do not need to labour into establishing whether the statement was false or defamatory. In such circumstances, the action is completely barred in law, “Justice Wamala said.

The court further stated that Karendere did not specifically mention Walugembe’s name in the affidavit in reply.