In one of the WhatsApp messages, he called his colleague a “skirt-chaser”.
In another, he claimed the same colleague had fired bullets at some people in Kansagati over a woman and that the police were looking for him.
All this was posted in a WhatsApp forum of senior managers at the Uganda Revenue Authority (URA).
For these messages, James Abola will have to pay his colleague, Nicholas Jjengo, Shs 100 million after they were deemed defamatory by the court.
Jjengo worked as a customs officer at URA while Abola served as Assistant Commissioner in charge of Staff Compliance.
On September 18, 2022, after a work-related argument between the two, Abola took to an internal WhatsApp forum and started dressing Jjengo down.
In one of the messages, Abola said Jjengo was a “womanizer” and further alleged that he had shot at three people at Kansangati over a woman.
Unable to take it, Jjengo decided to sue Abola, his senior, saying the messages falsely portrayed him as a criminal wanted by police, a violent aggressor and an immoral person.
In court, Abola said he had received information from ASP Patrick Lumumba Okello, a police officer attached to the Staff Compliance Division, regarding a firearm incident allegedly involving Jjengo.
He then shared the information on the URA senior management WhatsApp forum.
The message claimed that Jjengo had followed another man’s vehicle and shot at it near the victim’s home in Magere after he gave a lift to a woman who had been on an outing with Jjengo.
Jjengo argued that the allegations were completely false and severely damaged his reputation among URA’s top leadership.
James Malinzi, who was Jjengo’s head of division at the time, testified that after seeing the messages, he contacted him to establish what had happened.
Jjengo informed him that the report was inaccurate and that it was actually his wife and child who had been attacked at their home.
Malinzi then contacted Abola and reportedly provided him with Jjengo’s telephone contact so he could verify the facts, but he did not verify the information. Instead, he just kept circulating it in the WhatsApp group.
Jjengo’s lawyers from Astral Advocates said the messages were plainly defamatory because they portrayed their client as a criminal wanted by police, a reckless shooter and an immoral adulterer.
The lawyers told court that the allegations were particularly damaging because they were circulated among URA’s highest-ranking managers.
They further argued that Abola failed to verify the allegations despite being responsible for staff investigations and despite having access to Jjengo’s contact details.
They asked the court to award their client Shs 360 million in general damages and Shs 50 million in exemplary damages.
Abola, represented by Amber Solicitors & Advocates, said the messages were shared in good faith within a closed management forum concerning a matter of legitimate concern to URA.
His lawyers maintained that Abola was carrying out his official duties after receiving information from a police officer attached to his department.
The defence stressed that Abola used phrases such as “it is alleged” and “investigation is still ongoing”, showing that he was not presenting the information as fact.
The lawyers further argued that the communication was protected by qualified privilege because it was shared among people with a common professional interest in the matter.
They also argued that Jjengo had suffered no real damage because he was neither disciplined nor demoted and was later promoted within URA.
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Justice Bonny Isaac Teko rejected the arguments from Abola’s lawyers, saying their client’s conduct meant that his communication could not be protected under “qualified privilege.”
“[Abola] moved from reporting that police were looking for [Jjengo] in relation to a firearm incident, to circulating a narrative that [Jjengo] had pursued a victim over a woman from an outing and shot at the victim’s car,” he said.
Justice Teko described the narrative as “grave, colourful, sensational and personally destructive,” adding that because investigations were still ongoing, Abola should have exercised greater caution.
“He [Abola] was not entitled to repeat damaging allegations involving an outing, a woman described as ‘a skirt,’ jealousy and shooting, without verification,” he said.
Justice Teko also rejected the argument that using phrases such as “it is alleged” was enough to avoid liability.
“A person who republishes defamatory allegations cannot escape liability merely by saying that the matter is alleged,” he said.
He said Abola had access to investigative resources and had been given Jjengo’s contact information but still failed to verify the allegations.
“That conduct demonstrates reckless disregard for [Jjengo’s] reputation,” Justice Teko ruled.
In assessing damages, he noted that the allegations were extremely serious because they accused Jjengo of criminal conduct, violence and moral impropriety.
At the same time, he also considered the fact that the messages were circulated within a restricted management forum rather than through the mass media.
Because of that, Justice Teko ultimately awarded Jjengo Shs70 million in general damages and Shs 30 million in punitive damages, bringing the total to Shs100 million.
He ordered Abola to issue a written apology within 14 days and publish it on the same URA senior management WhatsApp forum.
Justice Teko permanently restrained Abola from publishing similar allegations against Jjengo unless they are made lawfully, in good faith and after proper verification.
