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Tort Law [2020] UGHCCD 50

Akech v Attorney General

Akech v Attorney General (CIVIL SUIT NO. 368 OF 2018) [2020] UGHCCD 50 (8 April 2020)

Court
HC: Civil Division (Uganda)
Case number
CIVIL SUIT NO. 368 OF 2018
Judge
Musa Ssekaana, J

The court found that Byamugisha Robert was a police officer on duty and armed by the government at the time of the shooting. Despite the officer's departure from his post, he remained within the scope of employment, as he was deployed for night duty and permitted to carry a firearm. The shooting was wrongful and unjustified, constituting a tort for which the government is vicariously liable. The court rejected the defendant's argument that the officer was on a frolic of his own, emphasizing that liability attaches where the employee's actions are connected to their employment, even if done ne…

Source excerpt

  • Vicarious Liability
  • Wrongful Death
  • Compensation For Unlawful Killing
  • Public Authority Liability
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Administrative Law [2015] UGCA 97

EXECUTIVE DIRECTOR NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA) V SOLID STATE LIMITED

EXECUTIVE DIRECTOR NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA) V SOLID STATE LIMITED (Civil Appeal Number 0239 of 2013.) [2015] UGCA 97 (27 May 2015)

Court
Court of Appeal of Uganda
Case number
Civil Appeal Number 0239 of 2013.
Judge
Nshimye, JA

The Court of Appeal held that the respondent was denied a fair hearing before the cancellation of its Environmental Impact Assessment Certificate, in violation of Articles 28(1) and 42 of the Constitution and the rules of natural justice. The process by which NEMA cancelled the certificate was procedurally unfair, as the respondent was not informed of the complaints or given an opportunity to respond. The court affirmed that certiorari was the appropriate remedy to quash the unlawful administrative action. On damages, the court found that while general damages were justified due to the respon…

Source excerpt

  • Judicial Review
  • Natural Justice
  • Environmental Impact Assessment
  • Damages Award
  • Certiorari
  • Public Authority Liability
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Constitutional Law [2014] UGHCCD 18

Kirenga v Commissioner of Customs Uganda Revenue Authority

Kirenga v Commissioner of Customs Uganda Revenue Authority (Miscellaneous Cause No. 15 of 2013) [2014] UGHCCD 18 (6 February 2014)

Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause No. 15 of 2013

The respondent's continued refusal to release the applicant's 160 drums of ethanol, despite a valid court order and acquittal, constituted a violation of the applicant's constitutional right to property under Article 26. The respondent failed to provide credible evidence of a lawful sale or compliance with statutory procedures for disposal of seized goods. The court found that the sale was not properly documented, and the respondent's conduct was arbitrary and unconstitutional. The preliminary objections raised by the respondent were dismissed as lacking merit, and the doctrine of res judicat…

Source excerpt

  • Right To Property
  • Enforcement Of Fundamental Rights
  • Customs Seizure And Sale
  • Damages For Unlawful Disposal
  • Contempt Of Court
  • Public Authority Liability
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.