Court throws out case against NMG
What you need to know:
Mr Temelso, had alleged that on July 24, 2016, NTV-Uganda, aired a story where different members of the Eritrea Community accused Mr Temelso of trafficking girls to Uganda from Eritrea and Rwanda, and sexually harassing them
The High Court in Kampala has thrown out a defamation case that had been filed by an Eritrean businessman against NTV-Uganda, a media outlet under the Nation Media Group (NMG), in which he had sought for damages for alleged loss of business.
Presiding judge Musa Ssekaana, while throwing out the case on Wednesday, held that since the petitioner, Mr Mihretab Sium Temelso, had failed to file his witness statements to assist court in arriving at the right decision, it was not necessary to continue having the case in the judicial system when there is an already existing case backlog.
“The plaintiff (Mr Temelso) and his counsel are not in court. The plaintiff has also not filed any witness statement in order to proceed with the case. Since it is a case of defamation, the plaintiff must personally testify in court or file a witness statement and has not done so, the same is dismissed with costs to the defendants,” Justice Ssekaana ruled.
Mr Temelso, had alleged that on July 24, 2016, NTV-Uganda, aired a story where different members of the Eritrea Community accused Mr Temelso of trafficking girls to Uganda from Eritrea and Rwanda, and sexually harassing them. He then sue the editor in-chief at NTV-Uganda and Africa Broadcasting (U), arguing that the story was false, not well researched and was maliciously broadcasted with defamatory statements.
He had also submitted that as a result of the story airing on NTV, he had been shunned by his clients and perceived with suspicion and contempt by his colleagues and business associates.
The court ruling was prompted by the submissions of NMG’s external lawyer, Mr James Nangwala.
Mr Nangwala had argued that the non-appearance of Mr Temelso and his lawyer, Mr Kenneth Kakande, and their subsequent failure to file witness statement was a sign that they had lost interest in pursuing the matter.
Mr Nangwala had further told court even if Mr Temelso had filed his witness statements, he would have filed an application, asking court to compel him to deposit in court security before the main case could be heard. This, he said, was because Mr Temelso is a foreigner, whose place of abode is difficult to trace, especially if had lost the case and he had to pay costs.
