Uganda Case Law

Omari and Another v Hon. Adoa and 5 Others

Omari and Another v Hon. Adoa and 5 Others (Civil Suit 734 of 2021) [2024] UGHCCD 155 (11 October 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 734 of 2021

Judge

Musa Ssekaana, J

The court found that the plaint did not disclose a cause of action against the 6th defendant, as no facts were pleaded showing its liability for impounding or disposal of the fish. The evidence established that the impounded fish was immature and contraband under Ugandan law, justifying the actions of the 1st-5th defendants in impounding and disposing of the consignment pursuant to a valid court order. The plaintiffs failed to provide credible evidence of ownership, proper documentation, or declaration of the alleged cash, and their claims were riddled with contradictions and inconsistencies.…

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• Cause Of Action
• Conversion Of Property
• Duty Of Care
• Goods In Transit
• Frivolous And Vexatious Suits
• Impounding And Disposal

Mwebe Bwogi v Bwogi

Mwebe Bwogi v Bwogi (Civil Suit 103 of 2019) [2023] UGHCCD 350 (15 November 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 103 of 2019

Judge

Boniface Wamala, J

The court found that the Plaintiff provided substantial funds for the establishment of St. Paul's Medical Centre and its assets, including a motor vehicle, under an arrangement with the Defendant. The Defendant's conduct in claiming ownership, denying the Plaintiff access and benefits, and refusing to deliver possession or refund the outstanding balance constituted a wrongful act inconsistent with the Plaintiff's ownership rights, amounting to the tort of conversion. The Defendant's liability was established on a balance of probabilities, and the Plaintiff was entitled to compensation for the…

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• Conversion Of Property
• Burden Of Proof
• Damages Assessment
• Interest Award

Byaruhanga Samuel v Gumisiriza Joseph

Byaruhanga Samuel v Gumisiriza Joseph (Civil Appeal 44 of 2019) [2023] UGHCCD 378 (30 June 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 44 of 2019

Judge

Phillip Odoki, J

The High Court dismissed a father’s appeal over alleged trespass, nuisance, and conversion, finding the house was built by the respondent’s mother and the claims were unproved.

• Trespass To Land
• Private Nuisance
• Conversion Of Property
• Family Land Disputes
• Trespass-to-land
• Private-nuisance

Muleterwa v Kemirembe

Muleterwa v Kemirembe (Civil Appeal No. 111 of 2020) [2021] UGCA 191 (16 December 2021)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 111 of 2020

Judge

Monica K. Mugenyi, JA, Kasule, Ag JA, Kiryabwire, JA

The Court of Appeal held that the trial court erred in concurrently attributing vicarious liability to the State and personal liability to the appellant for negligence regarding the loss and disposal of the respondent's motor vehicle. The evidence did not meet the higher standard required to prove fraud against the appellant, and the award of special and general damages was not supported by strict proof or solid factual basis. The appellant's supervisory failure warranted nominal damages only. The appeal was substantially allowed, setting aside the trial court's judgment and orders against th…

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• Vicarious Liability
• Conversion Of Property
• Assessment Of Damages
• Proof Of Special Damages
• Fraud In Property Disposal
• Nominal Damages

Ochieng and 3 Others v Attorney General and Another

Ochieng and 3 Others v Attorney General and Another (Civil Suit 934 of 2004) [2021] UGHCLD 483 (13 December 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 934 of 2004

Judge

Busingye, J

The High Court held that the suit land formed part of gazetted central forest reserves, found the plaintiffs’ title unlawful, and dismissed the suit with costs.

• Certificate Of Title
• Forest Reserves
• Illegal Acquisition Of Land
• Trespass To Land
• Malicious Damage
• Conversion Of Property

Ajaib Transport Ltd v Verma Co Ltd (HCCS 792 of 2015)

Ajaib Transport Ltd v Verma Co Ltd (HCCS 792 of 2015) [2020] UGCommC 135 (9 November 2020)

Court

Commercial Court of Uganda

Case number

HCCS 792 of 2015

Judge

Wangutusi, J

The High Court of Uganda found a transport services contract existed, held the defendant breached it by terminating without notice, and rejected conversion.

• Breach Of Contract
• Wrongful Termination
• Conversion Of Property
• Special And General Damages
• Payment In Lieu Of Notice
• Counterclaim Liability

Uganda v Omona Frank

Uganda v Omona Frank (Criminal Appeal No. 15 of 2018) [2020] UGHC 145 (14 August 2020)

Court

High Court of Uganda

Case number

Criminal Appeal No. 15 of 2018

Judge

Stephen Mubiru, J

The appellate court found that the respondent, initially having lawful possession of the motorcycle and laptop, lost any defence of mistake of fact once he was notified to return the assets and instead asserted a lien not recognized by law. His refusal to return the items, conditional upon payment of alleged outstanding wages, constituted an intent to permanently deprive the owner. The respondent's conduct amounted to conversion and theft under Ugandan law. The trial court erred in its interpretation of the law and in failing to recognize the prosecution's proof beyond reasonable doubt of the…

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• Theft Of Motor Vehicle
• Embezzlement By Employee
• Conversion Of Property
• Intent To Permanently Deprive
• Mistake Of Fact Defence
• Contradictory Evidence

Hass Scientific and Medical Supplies Limited v Komujuni

Hass Scientific and Medical Supplies Limited v Komujuni (CIVIL SUIT NO. 363 OF 2014) [2020] UGHCCD 174 (10 June 2020)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 363 OF 2014

Judge

Mugambe, J

The High Court found that the defendant donated company equipment without authority, amounting to conversion and breach of trust, and awarded damages, interest, and costs.

• Conversion Of Property
• Breach Of Trust
• Employment Benefits
• Exemplary Damages
• General Damages
• Conversion-of-property

Kemirembe v Attorney General

Kemirembe v Attorney General (CIVIL SUIT NO. 200 OF 2010) [2020] UGHCCD 173 (10 June 2020)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 200 OF 2010

Judge

Mugambe, J

The High Court found that the plaintiff’s vehicle was illegally sold in an unauthorized auction linked to a police officer, and awarded damages, interest, and costs.

• Negligence Of Public Officers
• Conversion Of Property
• Damages For Loss Of Use
• Illegal Auction
• Conflict Of Interest
• Government Liability

Bukyanagandi & 3 Others v Attorney General

Bukyanagandi & 3 Others v Attorney General (Civil Suit No. 14 of 2011) [2020] UGHC 35 (20 March 2020)

Court

High Court of Uganda

Case number

Civil Suit No. 14 of 2011

Judge

Gadenya, J

The High Court held that police lawfully seized a vehicle for investigation, but unlawfully kept and transferred it after learning the plaintiffs had bought it at court auction.

• Conversion Of Property
• Vicarious Liability
• Execution Of Judgments
• Auction Sales
• Police Powers
• Damages