Uganda Case Law

Nyanjura & Another v Gitta & 2 Others

Nyanjura & Another v Gitta & 2 Others (Civil Suit No. 26 of 2017) [2020] UGHC 86 (17 July 2020)

Court

High Court of Uganda

Case number

Civil Suit No. 26 of 2017

Judge

Gadenya, J

The court found that the defendants assaulted and battered the plaintiffs, causing serious and permanent injuries, and that the plaintiffs were entitled to civil compensation despite having received some compensation through the criminal process. The court held that criminal compensation does not preclude a civil claim for damages arising from the same facts, as both criminal and tortious liability can coexist. The assessment of damages was based on the nature and extent of the injuries, pain, suffering, and permanent disability suffered by the plaintiffs. The court awarded general damages to…

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• Assault And Battery
• Personal Injury
• Damages Assessment
• Compensation After Criminal Conviction

Odiya v Okello & 3 Others

Odiya v Okello & 3 Others (Civil Appeal No. 45 of 2018) [2019] UGHC 38 (29 August 2019)

Court

High Court of Uganda

Case number

Civil Appeal No. 45 of 2018

Judge

Stephen Mubiru, J

The High Court held that criminal punishment did not bar a civil claim for assault damages and awarded general and special damages for proven injury.

• Personal Injury
• Assault And Battery
• Damages Assessment
• Survival Of Actions
• Personal-injury
• Assault-and-battery

George Kiggundu V Attorney General

George Kiggundu V Attorney General (CIVIL SUIT NO. 386 OF 2014) [2019] UGHCCD 189 (19 August 2019)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 386 OF 2014

Judge

Musa Ssekaana, J

The court found that the plaintiff's evidence of unlawful arrest, detention, assault, and torture by UPDF soldiers was uncontroverted and credible. The defendant failed to challenge or contradict the testimony, leading the court to accept the facts as proven. The actions of the UPDF soldiers were committed within the scope of their employment, rendering the defendant vicariously liable. While the plaintiff claimed substantial special damages, the court determined that the supporting documentation was insufficient and ambiguous, and therefore declined to award the full amount sought. The court…

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• Vicarious Liability
• False Imprisonment
• Assault And Battery
• Torture And Inhuman Treatment
• Damages Assessment

Okeema Willy v Jackson Musiko (HCCS NO 26/06)

Okeema Willy v Jackson Musiko (HCCS NO 26/06) [2010] UGHC 237 (23 March 2010)

Court

High Court of Uganda

Case number

HCCS NO 26/06

Judge

Mwondha, J

The High Court allowed an appeal against dismissal of a civil claim as time-barred, holding that the trial court failed to consider disability and the evidence of liability.

• Limitation Periods
• Extension Due To Disability
• Assault And Battery
• Damages For Loss
• Compensation For Property
• Balance Of Probabilities

Kigozi v Uganda Commercial Bank

Kigozi v Uganda Commercial Bank (Civil Suit 12 of 1996) [1998] UGHCCD 2 (23 October 1998)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 12 of 1996

Judge

Musoke-Kibuuka, J

The court found that the plaintiff's vehicle was wrongfully impounded by agents acting under the direction and control of the defendant, and that the plaintiff was unlawfully arrested, detained, and assaulted in the defendant's investigation office. The evidence established that the officers were seconded to the defendant's investigation branch, operated under its instructions, and the defendant exercised substantial control over their actions. The defendant was therefore vicariously liable for the tortious acts committed by these agents. The plaintiff proved loss of income due to the impound…

Source excerpt

• False Imprisonment
• Assault And Battery
• Vicarious Liability
• Special And General Damages

Obol v Gulu Local Government

Obol v Gulu Local Government (Civil Suit 6 of 1996) [1996] UGHC 21 (22 April 1996)

Court

High Court of Uganda

Case number

Civil Suit 6 of 1996

Judges

GM OKELLO, J

High Court of Uganda awarded the plaintiff UGX 5 million general damages and UGX 2 million exemplary damages for unlawful assault by local government askaris.

• Assault And Battery
• Vicarious Liability
• Damages Assessment
• Exemplary Damages
• Assault-and-battery
• Exemplary-damages

Dida & 4 Ors v Apili (HIGH COURT CIVIL APPEAL NO.3/93)

Dida & 4 Ors v Apili (HIGH COURT CIVIL APPEAL NO.3/93) [1995] UGHCCD 9 (1 March 1995)

Court

HC: Civil Division (Uganda)

Case number

HIGH COURT CIVIL APPEAL NO.3/93

Judge

Engwau, J

High Court appeal on unlawful arrest, false imprisonment, assault and special damages arising from a witchcraft-related arrest in Ochero.

• Unlawful Arrest
• False Imprisonment
• Assault And Battery
• Special Damages
• Magistrate Court Jurisdiction
• Unlawful-arrest

Kedi v Attorney General

Kedi v Attorney General (Civil Suit 286 of 1991) [1992] UGHC 52 (18 September 1992)

Court

High Court of Uganda

Case number

Civil Suit 286 of 1991

Judge

Kireju, J

The plaintiff was unlawfully arrested by an intelligence officer at the Brigade Headquarters Soroti without reasonable or probable cause, and detained for nearly a year without charge or being taken to court. The defendant failed to justify the detention or rebut the evidence of assault and conversion of property. The acts were committed by agents of the defendant in the course of their employment, making the defendant vicariously liable. The plaintiff suffered loss of property, disruption of education, pain, humiliation, and permanent disability. Special damages for converted property and me…

Source excerpt

• Unlawful Arrest
• False Imprisonment
• Assault And Battery
• Conversion Of Property
• Vicarious Liability
• Damages Assessment

Bisamunyu v Bushenyi District Administration

Bisamunyu v Bushenyi District Administration (Civil Suit 338 of 1987) [1992] UGHC 75 (18 February 1992)

Court

High Court of Uganda

Case number

Civil Suit 338 of 1987

Judge

Egonda-Ntende, J

The High Court dismissed a defendant’s preliminary objections, holding that ownership, conversion, limitation, and vicarious liability issues required evidence at trial.

• Cause Of Action
• Conversion
• Assault And Battery
• Vicarious Liability
• Limitation Of Actions
• Preliminary-objections

Meghji v Odhiambo

Meghji v Odhiambo (Civil Appeal No. 18 of 1950) [1951] EACA 330 (1 January 1951)

Court

East African Court of Appeal

Case number

Civil Appeal No. 18 of 1950

Judge

Connell, Ag.J, Modera J, Windham J

The court held that a criminal compensation order does not automatically bar a later civil claim for damages arising from the same assault.

• Res Judicata
• Compensation Orders
• Assault And Battery
• Relationship Between Criminal And Civil Proceedings
• Res-judicata
• Criminal-compensation-orders