Wakilii

Glorious Transport Co. Ltd V Attorney General (Civil Suit No. 1040 of 1990)

High Court · [1995] UGHC 3 · 1995 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for detinue and/or conversion
Decision
Judgment entered for the plaintiff with damages and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court held the government liable for conversion and detinue where NRA soldiers seized and retained the plaintiff's lorry during military operations in 1985-1986. The seizure occurred so proximate to the NRA's assumption of governmental powers on 26 January 1986 that it formed part of continuation of operations consequent upon that assumption. The government cannot claim immunity under Legal Notice No. 1 of 1986 and Amendment Decree No. 1 of 1987 for torts committed during this period. The plaintiff was awarded replacement value and loss of earnings.

Outcome

Judgment entered for the plaintiff with damages and costs

Facts

The plaintiff company owned a Fiat Lorry registration number UWH 048, purchased new in 1977 and later mortgaged to National Industrial Credit, with the mortgage subsequently lifted. On 16 November 1985, the plaintiff's driver took the vehicle on a business trip to Mityana to collect produce. While at a petrol station in Mityana, NRA soldiers seized the vehicle and commandeered it for military operations. The driver was forced to remain and drive the vehicle for the soldiers until 12 January 1986, when he was released eight miles from Kampala, leaving the lorry with the soldiers. The vehicle was never returned despite repeated demands and was reduced to scrap. The plaintiff brought suit for detinue and/or conversion, seeking recovery of the vehicle's value and damages.

Issues

  1. Whether the Plaintiff Company is the owner of the said vehicle.
  2. Whether the said suit vehicle is lost to the defendant.
  3. What remedies if any are available to the plaintiff.

Orders

  • Replacement value of the vehicle awarded at UGX 42,000,000.
  • Loss of earnings awarded at UGX 10,522,000.
  • Costs of the suit awarded to the plaintiff.
  • Interest on decretal amount awarded at court rate.

Rules and key headnotes

Detinue and Conversion — Government Liability for Acts of Soldiers
The government is liable for tortious acts of soldiers committed during the continuation of operations consequent upon or incidental to the assumption of powers of government where the tort is so proximate to that assumption of powers that it cannot be isolated from being part and parcel of continuation of those operations.
Government Immunity — Limits of Statutory Protection
Section 12 of Legal Notice No. 1 of 1986 and Amendment Decree No. 1 of 1987 does not confer immunity on the government for torts committed by soldiers during continuation of operations consequent upon or incidental to the assumption of powers of government in execution of their duties.
Detinue — Assessment of Value
In an action for detinue, the value of the property is assessed as at the time of judgment, not at the time of seizure or detention.

Legislation cited (2)

  • Legal Notice No. 1 of 1986
  • Amendment Decree No. 1 of 1987 s.12

Cases cited (2)

  • Freku Enterprises Ltd v Attorney General (1991) HCB 68
  • UCB v Matiya Wasswa (Court of Appeal No. 6 of 1982)

Full judgment

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

Glorious Transport Co. Ltd V Attorney General (Civil Suit No. 1040 of 1990) [1995] UGHC 3 (11 July 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.