Defamation-defence of truth and fair comment

Dr. L. Tibatemwa-Ekirikubinza: Tort-Fault. Burden of Proof- where in a civil dispute the court analyses evidence adduced by both sides and concludes that the probabilities are equal, the plaintiff will have failed to discharge their burden of proof.

Fernando, President and Robinson JA: Judgment and orders of the Supreme Court are quashed. No order as to costs

Right of way; Trespass; threatening violence; erecting barriers; obstructing entry; Article 1382 (3); damages due; permanent injuction

Defamation

Delict - road traffic accident - foot injury - quantum of damages

Delictual action; plaint dismissed; failure to discharge burden of proof

Delict : prescription : damages for loss of life as a result of motor vehicle accident : interuption of prescription : extra judicial admission did not interupt prescription. 

Faute : failure to transfer funds on time, the responsibility of the SWIFT payment system as intermediary : obligation of transmitting bank.