Uganda Case Law

Nyakana v Attorney General

Nyakana v Attorney General (Civil Suit 306 of 2011) [2024] UGHCCD 99 (4 June 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 306 of 2011

Judge

Boniface Wamala, J

The court held that the Plaintiff's suit was barred by limitation under section 3(1) of the Limitation Act, as it was filed well beyond the prescribed three-year period for actions founded on tort for personal injuries. The Plaintiff failed to plead or prove any statutory exemption, such as disability, in the plaint as required by Order 7 rule 6 of the Civil Procedure Rules and section 21 of the Limitation Act. The court further found that the ex gratia payment made by the Defendant did not amount to an admission of liability or revive the cause of action, as such payments are not recognized…

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• Limitation Of Actions
• Wrongful Arrest
• False Imprisonment
• Tortious Liability
• Ex Gratia Payments

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

Kato v Tullow Uganda Operations PTY Limited and 2 Others

Kato v Tullow Uganda Operations PTY Limited and 2 Others (Civil Suit No. 5 of 2013) [2022] UGHCCD 99 (2 June 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 5 of 2013

Judge

Byaruhanga Rugyema, J

The High Court dismissed Kato Jacob’s claims for wrongful arrest, false imprisonment, and malicious prosecution, finding no liability proved against the remaining defendants.

• Malicious Prosecution
• False Imprisonment
• Wrongful Arrest
• Res Judicata
• Indemnification
• Malicious-prosecution

Mwesigwa v Attorney General

Mwesigwa v Attorney General (Civil Suit No. 460 of 2019) [2022] UGHCCD 76 (26 April 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 460 of 2019

Judge

Nambayo, J

The court found that the police had reasonable suspicion to arrest the Plaintiff based on information from arrested suspects and the recovery of copper wires in the Plaintiff's store, which were similar to the stolen items. This justified the arrest under Article 23(1)(c) of the Constitution. Regarding malicious prosecution, the court held that the prosecution was instituted by the police and terminated in the Plaintiff's favor, but there was reasonable and probable cause for the prosecution, and no evidence of malice. The Plaintiff failed to satisfy all the requirements for malicious prosecu…

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• Malicious Prosecution
• False Imprisonment
• Wrongful Arrest

Olango v Attorney General & Another

Olango v Attorney General & Another (CIVIL SUIT NO. 681 OF 2016) [2020] UGHCCD 94 (15 May 2020)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 681 OF 2016

Judge

Musa Ssekaana, J

The High Court held that Olango Steven was maliciously prosecuted without reasonable cause, awarded UGX 20 million in general damages, and denied special damages.

• Malicious Prosecution
• Wrongful Arrest
• Damages Assessment
• Special Damages
• General Damages
• Malicious-prosecution

Kaggwa v Kagoya & Another

Kaggwa v Kagoya & Another (CIVIL SUIT NO. 397 OF 2014) [2019] UGHCCD 230 (1 November 2019)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 397 OF 2014

Judge

Musa Ssekaana, J

The court found that while the Defendants did institute criminal proceedings against the Plaintiff and those proceedings were terminated in his favor, the Defendants acted with reasonable and probable cause based on the evidence available at the time, including the land title's status and the genuine dispute over ownership. The Plaintiff failed to establish malice or lack of reasonable cause. Furthermore, the suit against the Attorney General was filed outside the statutory limitation period for tort claims against the Government, rendering it time-barred. Consequently, the Plaintiff did not…

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• Malicious Prosecution
• Wrongful Arrest
• Limitation Periods
• General Damages

Joseph Kalingamire v Godfrey Mugulusi

Joseph Kalingamire v Godfrey Mugulusi (CIVIL SUIT NO. MMEK 10 OF 2000 ) (CIVIL SUIT NO. MMEK 10 of 2000) [2003] UGHC 37 (4 July 2003)

Court

High Court of Uganda

Case number

CIVIL SUIT NO. MMEK 10 of 2000

The Grade 1 Magistrate awarded general damages of UGX 2,400,000/= to the plaintiff for wrongful arrest and malicious prosecution, exceeding the statutory jurisdictional limit of UGX 2,000,000/=. Jurisdiction is strictly a creature of statute, and any order made in excess of the conferred jurisdiction is a nullity. The High Court, exercising its revisional jurisdiction under section 84(a) of the Civil Procedure Act, cannot merely reduce the award but must treat the original order as void and make a fresh determination based on the evidence. Considering the circumstances of humiliation and wron…

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• Jurisdiction Of Magistrates
• Malicious Prosecution
• Wrongful Arrest
• General Damages
• Revision Of Magistrate Orders

Makerere University Vs Kasillingi

Makerere University Vs Kasillingi (Civil Appeal No. 40 of 1973) [1976] UGHCCD 1 (16 December 1976)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 40 of 1973

Judge

Saied, CJ

The High Court dismissed an appeal in a wrongful arrest and false imprisonment claim, holding that cold vegetables in a bag did not give reasonable grounds for suspicion.

• Wrongful Arrest
• False Imprisonment
• Burden Of Proof
• Reasonable Suspicion
• Wrongful-arrest
• False-imprisonment

Attorney General v Mwakalinga

Attorney General v Mwakalinga (Criminal Appeal No. 157 of 1946) [1946] EACA 43 (1 January 1946)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 157 of 1946

Judge

Bartley J, Sheridan CJ, Whitley CJ

The Court of Appeal dismissed a criminal appeal because the appellant tried to raise a new question of law that had not been submitted to the High Court.

• Official Corruption
• Abuse Of Office
• Wrongful Arrest
• Case Stated Procedure
• Criminal-procedure
• Appeals

Yekoyakimu Mwene Habyene v Attorney General

Yekoyakimu Mwene Habyene v Attorney General (Civil Appeal 2 of 1993) [1995] UGSC 10 (12 April 1995)

Court

Supreme Court of Uganda

Case number

Civil Appeal 2 of 1993

Judge

Odoki, JSC, Oder, JSC, Platt, JSC

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…

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• Unlawful Detention
• Wrongful Arrest
• Constitutional Right To Fair Trial
• Damages For False Imprisonment
• Amendment Of Pleadings
• Judicial Discretion