Wakilii

Geoffrey Mujuni v Uganda (H.C.C.S. SUIT NO. 1233 85)

High Court · [1995] UGHC 112 · 1995 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages against the Attorney General for vicarious liability arising from alleged wrongful acts of NRA officers
Decision
Suit dismissed. Court held that plaintiff had not proven his claim to the required standard despite the matter proceeding as formal proof.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the defendant was not vicariously liable for Commander Kalenzi's refusal to allow the plaintiff entry to the house at Entebbe because Kalenzi was not acting in the course of his employment. The plaintiff failed to prove his claim for special damages to the required standard despite acknowledging he suffered damage. The suit was dismissed with costs.

Outcome

Suit dismissed. Court held that plaintiff had not proven his claim to the required standard despite the matter proceeding as formal proof.

Facts

In 1988 the plaintiff, an NRA officer, was allocated accommodation at Plot 7B Berkeley Road. He was instructed to exchange accommodation with Commander Rwabantu, who was allocated Plot 12 Kitasa Road in Entebbe. The plaintiff agreed and vacated his Kampala house. When he arrived at the Entebbe house with his property loaded on hired lorries, Commander Kalenzi, who was occupying the house with soldiers, refused him entry despite earlier agreeing the plaintiff could bring his property. The plaintiff offloaded his property in the compound. Heavy rains fell for about four hours and allegedly destroyed or damaged the property. The plaintiff reported the incident to the Director of Administration at NRA Headquarters, who investigated and stored the damaged property at Republic House, which was later destroyed by fire.

Issues

  1. Whether the Attorney General was vicariously liable for the acts of his servant.
  2. Whether the plaintiff suffered damages.
  3. What was the quantum of damages.

Orders

  • Suit dismissed with costs.

Rules and key headnotes

Vicarious Liability — Course of Employment — Test for Liability
A master is vicariously liable for the acts of his servant only where the servant was acting in the course of his employment. Even if the servant acts deliberately, wantonly, negligently or criminally, or for his own benefit, the master is liable only if what the servant did was a manner of carrying out what he was employed to do.
Vicarious Liability — Refusal to Vacate Accommodation — Not Within Course of Employment
Where a military officer refuses to vacate accommodation because no alternative accommodation has been allocated to him, such refusal is not an act done in the course of his employment and does not render the Government vicariously liable for any resulting damage to another officer's property.
Special Damages — Pleading and Proof — Standard Required
Special damages must be specifically pleaded and strictly proved. Where a plaintiff fails to adduce evidence proving the value of property allegedly destroyed to the required standard, the claim for special damages must fail.
Formal Proof — Burden Not Lessened
Even where a matter proceeds to formal proof because the defendant has not filed a defence, the plaintiff's burden to prove his claim on the balance of probabilities is not lessened.

Legislation cited (1)

Cases cited (6)

  • Muwonge v Attorney General [1967] EA 17
  • Katamba v Attorney General [1977] HCB 178
  • Kyambadde v Mpigi District Administration [1983] HCB 44
  • Professor Ssali v Isaya Besigye [1974] HCB 188
  • Akisoferi Butombo v Attorney General (H.C.C.S. No. 659 of 1988)
  • Interfreight Farnandes Ltd v East African Development Bank (Civil Appeal No. 33 of 1991)

Full judgment

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

Geoffrey Mujuni v Uganda (H.C.C.S. SUIT NO. 1233_85) [1995] UGHC 112 (10 June 1995)
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.