Nambooze files defence in Mbiire Facebook defamation case

Feb 13, 2017

The Member of Parliament argues the businessman has no cause of action against her and therefore is not entitled to the reliefs sought in court

Mukono Municipality Member of Parliament, Betty Nambooze, has denied defaming city businessman Charles Mbiire.

In her defence filed at the civil division of the High Court on Monday, Nambooze said she did not make, publish or cause any defamatory statement against the business mogul.

According to Nambooze, the words she posted on Facebook as understood by Mbiire were decontextualised as they published half the message and hence distorting it.

She argues that although the message was distorted, it do not portray any defamatory meaning as alleged by Mbiire.

Nambooze says Mbiire has no cause of action against her and therefore is not entitled to the reliefs sought in court.

"I shall at the hearing of the matter adduce evidence to prove the fact that the content alleged as defamatory in Mbiire's plaint has no capacity to injure his reputation in the opinion of right thinking members of society" she stated.

Nambooze, who is represented by Lukwago and Company Advocates, added that Mbiire cannot at any point claim to have suffered any injury due to her post. She therefore wants court to dismiss the suit with costs.

The court registrar, Alex Ajiji, has allocated the case to High Court Judge Henrietta Wolayo for hearing but its date has not been fixed.

About a fortnight ago, Mbiire dragged the legislator to court for defamation through Sebalu & Lule Advocates, claiming that she published a defamatory post on her Facebook page on July 23, 2016 regarding the financial bailout applications allegedly made by certain companies and individuals to the government.

Mbiire claims that Nambooze published words such as "Mbiire was in news seeking a government bailout for his sinking business empire".

According to Mbiire, the words as perceived by the public meant that he was seeking financial support from government for his unstable and failing businesses whereas not.

He says the words also meant that he was disingenuously applying for financial relief from government in view of the extent of the finances allegedly spent on a recent family function.

Mbiire further claims that Nambooze's words would mean that he is an unscrupulous businessman who uses tax payers' money to fund his business and lifestyle whereas not.

He therefore seeks for damages and cost of the suit at an interest rate of 26% per annum from the date of judgment until final payment.

Mbiire contends that the inaccurate and malicious statement published by Nambooze created a negative impression of his character and businesses leading to various queries from his business associates, clients, family and friends which has compelled him to respond to on numerous occasions.

He avers that Nambooze published the statements without making efforts to verify their accuracy.

"She ought to have known that the said information would have injured my reputation and businesses if published on a public platform such as Facebook".

Mbiire says as a result of such statements, he has suffered considerable distress, embarrassment and inconvenience entitling him to compensation for which she is liable.

Nambooze posted this on her Facebook page; while in South Africa every Ugandan there was talking about Mbiire's daughter whose marvellous wedding was being organized by her father Mbiire…indeed news coming from there indicates that the last Saturday wedding was a real record breaker and cost billions…for seven day honey moon the couple will use sh1.2b…In the same week Mbiire was in news in Uganda seeking a government bailout for his "sinking business empire"…the two stories don't seem to tally.

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