Wakilii

Byabasaija v Attorney General (Civil Suit No. 243 of 2011)

High Court · [2019] UGHC 27 · 2019 Judgment for Plaintiff — Damages Awarded AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages arising from unlawful killing by state agent
Decision
Plaintiff awarded damages and costs for violation of deceased wife's right to life by police officer acting in course of employment

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the Attorney General is vicariously liable for the unlawful killing of the plaintiff's wife by a police officer during the 2009 Buganda riots, constituting a violation of the right to life under Article 22(1) of the Constitution. The state is directly liable for acts done in exercise of state power. General damages of UGX 70,000,000 were awarded for loss of spouse, plus UGX 2,000,000 punitive damages to deter future violations, with interest at 12.5% from judgment and costs.

Outcome

Plaintiff awarded damages and costs for violation of deceased wife's right to life by police officer acting in course of employment

Facts

On 11 September 2009, at approximately 11:00 am, the plaintiff's wife Stella Kabasinguzi was shot at the doorstep of their home in Kasubi, Kampala, by a uniformed police officer who was in the course of his employment. The shooting occurred during riots following the interception of the Buganda Kingdom Prime Minister from travelling to Kayunga district. The deceased was rushed to Mulago Hospital where she was pronounced dead within two hours from gunshot injuries. Post-mortem examination by Dr. Moses Byaruhanga revealed she died of haemorrhagic shock as a consequence of gunshot injury. Police investigation (CRB 6294/09) and a Kampala Metropolitan brief to the Minister of State for Internal Affairs dated 24 August 2011 confirmed the police officer's involvement. The deceased was 22 years old, worked in a saloon earning approximately UGX 10,000 daily, and left behind the plaintiff and four young children aged one, four, and six years at the time of filing.

Issues

  1. Whether the defendant is liable for the death of Stella Kabasinguzi.
  2. What remedies are available to the parties or whether the plaintiff is entitled to the remedies sought.

Orders

  • Judgment for the plaintiff.
  • Defendant is liable for the death of Stella Kabasinguzi.
  • General damages of UGX 70,000,000 awarded to the plaintiff for loss of spouse.
  • Punitive damages of UGX 2,000,000 awarded.
  • Interest at 12.5% per annum on all damages from date of judgment until payment in full.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Constitutional Law — Right to Life — State Liability — Violation by Police Officer
A claim for redress under the bill of rights for violation of a fundamental human right or freedom is a claim against the state for what has been done in exercise of state power. The state is directly liable for the actions of those who exercise state powers, including police officers.
Tort Law — Vicarious Liability — Government Liability for Servants and Agents
Under section 3(1) of the Government Proceedings Act Cap 77, government is vicariously liable for acts or omissions of its servants or agents where the act or omission would have given rise to a cause of action in tort against the servant or agent. An act may be done in the course of a servant's employment so as to make the master liable, even though it is done contrary to orders and even though the servant is acting deliberately, wantonly, negligently or criminally for his own benefit, if what he did is merely a manner of carrying out what he was employed to carry out.
Human Rights — Right to Life — Unlawful Killing by State Agent — Constitutional Violation
The unlawful and wanton shooting of a civilian by a police officer in the course of employment constitutes a violation of the right to life enshrined under Article 22(1) of the Constitution of the Republic of Uganda 1995, entitling the victim's dependants to seek redress and compensation under Article 50 of the Constitution.
Damages & Quantum — Constitutional Damages — General and Punitive Damages
In constitutional matters, damages should not be limited to simple compensation. Awards should deter repetition of breaches and punish those responsible. Where the victim has suffered loss of dignity, intrusion on bodily integrity, shame and inhuman treatment, such loss is compensable through general damages. Punitive damages are granted where there has been oppressive, arbitrary or unconstitutional action by servants of government.
Damages & Quantum — Assessment of Damages — Factors in Wrongful Death
In awarding general damages for wrongful death, the court considers the age of the deceased at the time of death, loss of expectation of life relative to average life expectancy in Uganda (60 years), the number and particulars of dependants who lost dependency, loss and bereavement occasioned to relatives, financial loss occasioned by the death, and the manner in which death occurred.

Legislation cited (6)

Cases cited (7)

  • Jennifer Mutoni Njoroge & 10 Others v Attorney General (2012) KLR
  • Muwonge v Attorney General [1967] EA 17
  • Jennifer Muthoni & 10 Others v Attorney General of Kenya [2012] KLR
  • Rookes v Barnard [1964] ALLER 410
  • Solomon v Nsereko Anthony & Another (Civil Suit No. 275 of 2014)
  • Benedicto Jjumba v Attorney General (Civil Suit No. 117 of 2013)
  • Benedicto Jjumba v Sgt. Katushabe & 2 Others (Civil Suit No. 01 of 2016)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Byabasaija v Attorney General (Civil Suit No. 243 of 2011) [2019] UGHC 27 (20 December 2019)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.