Uganda Case Law

Tumwesigye v Nyakake

Tumwesigye v Nyakake (Civil Appeal 25 of 2023) [2024] UGHC 852 (29 August 2024)

Court

High Court of Uganda

Case number

Civil Appeal 25 of 2023

Judge

Mugabo, J

The court found that the respondent, as complainant, did initiate the criminal proceedings against the appellant. However, the evidence established that the respondent acted with reasonable and probable cause, as the criminal case was based on facts she genuinely believed to be true and the trial court found a prima facie case, putting the appellant on defence. The appellant failed to prove malice or improper motive in the respondent's actions. Since not all ingredients of malicious prosecution were proved on a balance of probabilities, the claim could not be sustained. Regarding costs, the t…

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• Malicious Prosecution
• Costs Award
• Probable Cause
• Judicial Discretion

Ocatre v Ezati and Another

Ocatre v Ezati and Another (Civil Suit 4 of 2022) [2024] UGHC 613 (10 July 2024)

Court

High Court of Uganda

Case number

Civil Suit 4 of 2022

Judge

Acellam, J

The court found that the statements made by the defendants to the police regarding alleged death threats were made in the context of reporting a crime and are protected by absolute privilege. There was no evidence of malice or spite in the defendants' actions, as the first defendant acted out of genuine concern for his safety. The law recognizes the necessity for individuals to report crimes without fear of defamation suits, and such statements to police are not actionable unless made with malice. The plaintiff failed to prove that the statements were defamatory or made with malice, and thus…

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• Defamation
• Qualified Privilege
• Malicious Prosecution
• Burden Of Proof
• Damages
• Freedom Of Expression

Aliganyira v Rwenzori Diocese Savings & Credit Cooperative Society Limited

Aliganyira v Rwenzori Diocese Savings & Credit Cooperative Society Limited (Civil Suit 13 of 2022) [2024] UGHC 365 (24 May 2024)

Court

High Court of Uganda

Case number

Civil Suit 13 of 2022

Judge

Mugabo, J

The court found that while the defendant initiated the criminal proceedings by reporting the plaintiff to police, it did so based on internal supervisory and forensic audit reports indicating financial irregularities, ghost accounts, and misuse of accounting software during the plaintiff's tenure as manager. The directors genuinely believed the plaintiff was responsible for the losses, and this belief was supported by the trial court's finding of a prima facie case and conviction, even though the conviction was later overturned on appeal. The court held that the existence of reasonable or pro…

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• Malicious Prosecution
• Burden Of Proof
• Damages
• Employment Termination

Ngabirano v Attorney General & Another

Ngabirano v Attorney General & Another (Civil Suit 44 of 2022) [2024] UGHC 326 (23 January 2024)

Court

High Court of Uganda

Case number

Civil Suit 44 of 2022

Judge

Tom Chemutai, J

The High Court dismissed a malicious prosecution claim, holding the plaintiff failed to prove malice or lack of probable cause arising from a land transaction dispute.

• Malicious Prosecution
• Wrongful Arrest
• Land Disputes
• Damages
• Civil Vs Criminal Liability
• Malicious-prosecution

Ntale and 7 Others V Attorney General

Ntale and 7 Others V Attorney General (Civil Suit No.033 of 2013) [2024] UGHCCD 30 (19 January 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No.033 of 2013

Judge

Elubu, J

The plaintiffs established all elements of the tort of malicious prosecution: they were prosecuted by the defendant's agents, the prosecution ended in their favour, there was no reasonable or probable cause for the charges, and the prosecution was instituted maliciously. The defendant failed to provide any evidence or submissions to rebut the plaintiffs' claims. The court found that the plaintiffs were arrested, detained, and prosecuted without basis, resulting in economic loss and inconvenience. However, the plaintiffs did not adduce sufficient medical or corroborative evidence to prove tort…

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• Malicious Prosecution
• Vicarious Liability
• General Damages
• Exemplary Damages
• Interest On Damages

Mukesh Shukla v Attorney General

Mukesh Shukla v Attorney General [2023] UGHCCD 346 (13 November 2023)

Court

HC: Civil Division (Uganda)

Judge

Nambayo, J

The court found that the Plaintiff's arrest was lawful, as it was based on a complaint, sanctioned by the DPP, and executed within statutory requirements. Regarding malicious prosecution, the court held that although criminal proceedings were instituted and terminated in the Plaintiff's favor, there was reasonable and probable cause for prosecution due to the business dispute and allegations made by the complainant. The Plaintiff failed to prove malice or lack of reasonable cause on the part of the Defendant. The withdrawal of charges was conditional, aimed at facilitating settlement of civil…

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• Malicious Prosecution
• Unlawful Arrest
• Damages
• Government Liability

Ssali v Uganda

Ssali v Uganda (Criminal Miscellaneous Application 35 of 2022) [2023] UGHCCRD 186 (17 October 2023)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 35 of 2022

Judge

Rosette Comfort Kania, J

The High Court refused to stay a criminal trespass case pending a land ownership suit, finding no exceptional circumstances and directing the trial to proceed expeditiously.

• Criminal Trespass
• Stay Of Proceedings
• Ownership Disputes
• Abuse Of Process
• Malicious Prosecution
• Stay-of-proceedings

MTN Uganda Limited v Mwami

MTN Uganda Limited v Mwami (Miscellaneous Application 309 of 2022) [2023] UGHCCD 286 (6 October 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 309 of 2022

Judge

Nambayo, J

The High Court held that the suit was not res judicata and that the plaint disclosed a cause of action for malicious prosecution, dismissing the strike-out application with costs.

• Res Judicata
• Cause Of Action
• Malicious Prosecution
• Wrongful Dismissal
• Res-judicata
• Cause-of-action

Uganda Revenue Authority v Tumusiime

Uganda Revenue Authority v Tumusiime (Civil Application 212 of 2023) [2023] UGCA 345 (6 September 2023)

Court

Court of Appeal of Uganda

Case number

Civil Application 212 of 2023

Judge

Gashirabake, JA

The Court of Appeal granted a stay of execution pending appeal, subject to security, in a malicious prosecution and employment dispute.

• Stay Of Execution
• Malicious Prosecution
• Balance Of Convenience
• Security For Due Performance
• Stay-of-execution
• Security-for-due-performance

Opii v Deco Tiles (U) Limited and Another

Opii v Deco Tiles (U) Limited and Another (Civil Suit 269 of 2017) [2023] UGHCCD 171 (16 June 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 269 of 2017

Judge

Musa Ssekaana, J

The High Court held that the defendants had reasonable and probable cause to prosecute the plaintiff and dismissed the malicious prosecution suit.

• Malicious Prosecution
• False Imprisonment
• Reasonable And Probable Cause
• Termination Of Employment
• Malicious-prosecution
• False-imprisonment