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Yekoyakimu Mwene Habyene v Attorney General
Yekoyakimu Mwene Habyene v Attorney General (Civil Appeal 2 of 1993) [1995] UGSC 10 (12 April 1995)
The Supreme Court found that the High Court fundamentally misdirected itself by relying on technicalities and misunderstanding the evidence regarding the withdrawal of charges against the appellant's son. The Court held that the prolonged detention without trial was prima facie unconstitutional and unlawful, and that the appellant should have been allowed to amend the plaint to sue on behalf of his deceased son's estate. The Court emphasized the duty to do substantial justice and not let technical errors bar legitimate claims. The appeal was allowed, the High Court decree set aside, and a ret…
Source excerpt
- Unlawful Detention
- Wrongful Arrest
- Constitutional Right To Fair Trial
- Damages For False Imprisonment
- Amendment Of Pleadings
- Judicial Discretion