Uganda Christian University (UCU)’s Sheena Bagaine was today (January 4th, 2021) slapped with a restraining order against making rape accusations and attacks on a one Carlton Douglas Kasirye whom she accused of rape in January 2020.
Mr. Kasirye, a lawyer, dragged Bagaine to court earlier this year and pursued the case for an entire year.
He prayed for a temporary injunction against Ms Bagaine, restraining
and staying her and/or her agents, representatives, assignees,
successors in title, conspirators, apologists and employees from further
defaming, abusing, threatening, intimidating, blackmailing, committing
further injury against the Applicant until determination of the main suit.
He also prayed for atemporary mandatory injunction directing Ms Bagaine to delete all defamatory publications complained against from her social media accounts, in particular on Twitter, WhatsApp and Facebook.
High Court Judge Boniface Wamala, while delivering his judgement, emphasised the position of law that in a case of defamation, to establish a cause of action, the plaint must be capable of showing that the statement complained of is defamatory; that the statement refers to the plaintiff; and that the statement was published by the defendant.
The judge said that he was convinced that the Applicant established to the Court that if the order of a temporary injunction restraining Ms Bagaine was not granted as claimed, an award of damages would not suffice to adequately compensate him for the loss or injury he will have suffered.
As such, court slapped a restraining order on Ms Bagaine from making any defamatory statements on the Applicant but declined to compel her to delete the previously made statements as Mr. Kasirye had requested, until the determination of the main suit.
READ THE FULL JUDEGEMENT BELOW;
