The High Court’s Commercial Division has dealt a crushing setback to Monitor Publications Limited and NTV Uganda, dismissing their attempt to reopen a copyright infringement case after a judge ruled that the media houses had “locked themselves out” of the proceedings through their own failure to obey court directives.
In a ruling delivered on June 14, 2026, Justice Dr. Ginamia Melody Ngwatu rejected an application by Monitor Publications, NTV Uganda, their Managing Editor and journalist Deogratius Wamala seeking to set aside an order that allowed businessman Silver Kayondo to prosecute his case ex parte.
The judge found that the media defendants had been given more than three months to file witness statements and prepare their defence but failed to do so despite repeated reminders and court orders.
“The applicants locked themselves out by failing to comply with court’s directives without a justifiable reason that court was aware of,” Justice Ngwatu ruled.
The dispute stems from a lawsuit filed by Kayondo in February 2024 accusing the media entities of infringing his copyright and personality rights.
Court records show that after mediation efforts collapsed, the parties were directed to file pre-trial documents, including witness statements and trial bundles, ahead of the hearing.
However, when the matter came up for hearing on February 10, 2026, lawyers for Monitor and NTV admitted they were not ready to proceed and sought an adjournment, claiming that the advocate handling the matter had been indisposed and that witness statements had not yet been prepared.
The court rejected the request.
Justice Ngwatu noted that despite fresh timelines having been issued months earlier, the media houses had still not filed a single witness statement or trial bundle by the hearing date.
“It is unfortunate that despite the issuance of fresh timelines, and the lapse of a period of three months and one week, the defendants still did not file any of their witness statements or trial bundle,” the judge observed.
The court consequently allowed Kayondo to proceed with his case without participation from the defence.
Facing the prospect of judgment based solely on the plaintiff’s evidence, the media companies returned to court seeking a review of the ex parte order, arguing that they had been denied the right to a fair hearing and that the judge had misapplied the law.
But Justice Ngwatu dismissed those arguments, finding no error on the face of the record and ruling that the defendants had squandered opportunities given to them by the court.
The judge further faulted the explanation that counsel in personal conduct had been indisposed, noting that no evidence was presented to support the claim and that the law firm had other advocates who could have complied with the court’s directives.
The ruling also underscored the judiciary’s growing intolerance of delays and procedural non-compliance, warning that the constitutional right to a fair hearing cannot be used as a shield for endless postponements.
“Court cases cannot be allowed to drag for an unreasonable period of time because a party who has a right to fair hearing wants to exercise it whenever he or she pleases,” Justice Ngwatu said.
The judge added that justice must be balanced against the need for efficient disposal of cases, emphasizing that “justice delayed is justice denied.”
In the end, the court dismissed the application in its entirety and ordered Monitor Publications, NTV Uganda and their co-defendants to pay costs to Kayondo.
The decision clears the way for the court to proceed toward judgment in Kayondo’s copyright and personality rights suit, with the media houses having lost their bid to rejoin the hearing after being shut out of the proceedings.
