Wakilii

Chebrot v Uganda Wildlife Authority (Miscellaneous Cause 47 of 2022)

High Court · [2024] UGHC 92 · 2024 Preliminary Objection Upheld — Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion for human rights enforcement following death of applicant's son, with preliminary objection raised by respondent on grounds of wrong procedure
Decision
Application struck out for use of wrong procedure

Observed later treatment

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Holding

The court held that the applicant adopted the wrong procedure by filing an application under the Human Rights (Enforcement) Act 2019 for compensation arising from his son's death. The right to life cannot be enforced once the victim is deceased, as enforcement requires the victim to be alive. The Law Reform (Miscellaneous Provisions) Act Cap 79 provides the mandatory procedure for claims arising from death caused by wrongful acts, requiring proceedings by plaint rather than notice of motion. The preliminary objection was upheld and the miscellaneous cause struck out.

Outcome

Application struck out for use of wrong procedure

Facts

The applicant filed a notice of motion seeking declarations and compensation after his son was shot dead by Uganda Wildlife Authority game rangers. The applicant alleged his son was shot while grazing cattle. The respondent contended that its rangers acted in retaliation after an attack by armed men, including the deceased, who had set ablaze the respondent's outpost, killed a guard, and taken an AK47 rifle. The respondent raised a preliminary objection on grounds that the applicant used the wrong procedure and lacked standing under the Human Rights (Enforcement) Act 2019 to bring the application on behalf of his deceased son.

Issues

  1. Whether the applicant adopted the correct procedure in filing an application under the Human Rights (Enforcement) Act 2019 for compensation arising from the death of his son.
  2. Whether the applicant has locus standi to bring proceedings under the Human Rights (Enforcement) Act 2019 on behalf of his deceased son.
  3. Whether a right to life can be enforced under the Human Rights (Enforcement) Act 2019 after the death of the victim.
  4. Whether the Law Reform (Miscellaneous Provisions) Act Cap 79 provides the mandatory procedure for claims arising from death caused by wrongful acts.

Orders

  • Preliminary objection upheld.
  • Miscellaneous Cause No. 47 of 2022 struck out.
  • Each party to bear its own costs.

Rules and key headnotes

Human Rights — Enforcement — Right to Life — Effect of Death on Enforceability
The right to life guaranteed under Chapter Four of the Constitution cannot be enforced under the Human Rights (Enforcement) Act 2019 once the victim is deceased, as enforcement means making sure a right is not violated or restoring a violated right, which is impossible when the victim has ceased to be human.
Civil Procedure — Choice of Remedy — Mandatory Statutory Procedure for Wrongful Death
Where a law specifically provides for a recourse or action to be taken, an aggrieved person cannot resort to another law. Where death is caused by a wrongful act, the Law Reform (Miscellaneous Provisions) Act Cap 79 provides the mandatory procedure, and resort to the Human Rights (Enforcement) Act 2019 is not tenable.
Civil Procedure — Mode of Commencement — Wrongful Death Claims — Requirement of Plaint
Section 8 of the Law Reform (Miscellaneous Provisions) Act Cap 79 requires that a plaintiff claiming damages for wrongful death must deliver to the defendant, together with a plaint, full particulars of the persons on whose behalf the action is brought and the nature of the claim. Proceedings by notice of motion are therefore not permissible.
Human Rights — Enforcement — Locus Standi — Acting on Behalf of Deceased Person
Section 3(2) of the Human Rights (Enforcement) Act 2019, which permits proceedings by a person acting on behalf of another who cannot act on his or her own, is intended to cover minors and persons suffering from mental illness who cannot represent themselves. Upon death, the deceased person ceases to have a name through which another person can act, and the provision does not extend to acting on behalf of a deceased person.

Legislation cited (17)

Cases cited (1)

  • Edward Katumba v Daniel Kiwalabye Musoke (Court of Appeal No. 2 of 1998)

Full judgment

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

Chebrot v Uganda Wildlife Authority (Miscellaneous Cause 47 of 2022) [2024] UGHC 92 (22 March 2024)
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.