Dual Trust (U) Ltd v Attorney General (Civil Suit No. 131 of 2019) [2025] UGHCCD 89 (10 June 2025)
Court
HC: Civil Division (Uganda)
Case number
Civil Suit No. 131 of 2019
Judge
Boniface Wamala, J
The court found that the plaintiff failed to prove entitlement to immediate possession of the maize, as the purported seller, Emma Kasisi, had no valid title and could not pass property to the plaintiff. The true owner, Oree Tom, was identified through police investigation, and the police lawfully seized and returned the maize to him on the ODPP's directive. The principle of nemo dat quod non habet applied, precluding the plaintiff from acquiring better title than the seller possessed. The tort of detinue was not established, as the plaintiff was not entitled to demand restoration of the maiz…
Mukhaye & Another v Kinyajui & 2 Others (Civil Suit 47 of 2021) [2025] UGHC 299 (19 May 2025)
Court
High Court of Uganda
Case number
Civil Suit 47 of 2021
Judge
Lubega, J
The High Court of Uganda held the first defendant negligent in a fatal road accident and found the second defendant vicariously liable, awarding damages and costs.
Namukose v JPMAB Ltd (Civil Suit 47 of 2022) [2025] UGHC 183 (16 April 2025)
Court
High Court of Uganda
Case number
Civil Suit 47 of 2022
Judge
Tweyanze, J
The High Court found the defendant’s driver negligent in a road traffic collision, held the defendant vicariously liable, and awarded damages, interest, and costs.
The tribunal found that the applicant was detained for a total of 16 days by agents of the respondent without being brought before a court within the constitutionally mandated 48 hours. The respondent admitted to part of the detention but failed to justify the entire period. The tribunal held that the detention was arbitrary, unjustified, and illegal, constituting a violation of the applicant's right to personal liberty under Article 23 of the Constitution. The respondent, as the employer of the police officers involved, was held vicariously liable for their actions. The tribunal further held…
Desanje & Another v V.G Keshwala & Sons Limited (Civil Suit 113 of 2020) [2025] UGHCCD 34 (26 February 2025)
Court
HC: Civil Division (Uganda)
Case number
Civil Suit 113 of 2020
Judge
Musa Ssekaana, J
The court found that the defendant's truck driver owed the deceased a duty of care and breached that duty by driving too close to the deceased, resulting in his death. The defendant's admission of negligence and the insurance company's payment further supported liability. The court determined that the insurance company failed to comply with the Illiterates Protection Act when obtaining the discharge from the plaintiffs, who were illiterate and did not understand the documents they signed. Consequently, the discharge was invalid, and the insurance company remained liable. The plaintiffs were e…
The tribunal found that a prisoner died after being taken from Erute Prison by police, held the state vicariously liable for the unlawful killing, and awarded damages.
The tribunal found that the applicant's testimony, corroborated by his wife and medical evidence, established on a balance of probabilities that he was subjected to severe physical assault, humiliation, and degrading treatment by Regimental Policemen on the orders of Major Nelson Mugerwa. Internal UPDF reports admitted excessive force was used. The acts constituted torture and cruel, inhuman, and degrading treatment as defined by international and domestic law. The respondent, as the employer, was vicariously liable for the actions of its agents. The right to freedom from torture is absolute…
The tribunal found that police officers participated in torturing the complainant and awarded him damages, but held the state not liable for a UPDF soldier acting outside his duties.
Kyakuhaire v Mwesigye and 2 Others (Misc Cause 16 of 2023) [2024] UGHC 1171 (6 December 2024)
Court
High Court of Uganda
Case number
Misc Cause 16 of 2023
Judge
Byaruhanga Rugyema, J
The court found that the police officers, employees of the 3rd Respondent, acted negligently by firing live bullets in a crowded public place, resulting in severe injury to the Applicant, a minor bystander. The Respondents failed to rebut the Applicant's evidence, which remained uncontroverted. The 3rd Respondent, as employer, is vicariously liable for the negligent acts of its officers committed in the course of employment. The 1st Respondent was not shown to have ordered or allowed the shooting, and no evidence was adduced to establish his direct involvement. The Applicant proved entitlemen…