Wakilii

Henry Munyangazi v Attorney General (Civil Suit 659 of 1996)

High Court · [2002] UGHCCD 31 · 2002 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages arising from malicious prosecution
Decision
Judgment entered for the plaintiff with damages totalling Shs. 63,324,600 plus interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the Attorney General maliciously prosecuted the plaintiff in Criminal Case U 177/93 without reasonable and probable cause. The plaintiff was never interrogated and no statement was taken from him before prosecution commenced. The prosecution proceeded despite an earlier related case making no headway. The plaintiff was awarded special damages of Shs. 3,324,600, general damages of Shs. 50,000,000, and exemplary damages of Shs. 10,000,000.

Outcome

Judgment entered for the plaintiff with damages totalling Shs. 63,324,600 plus interest and costs

Facts

The plaintiff, a former Assistant Commissioner of Police and Commissioner of Immigration, was prosecuted in Criminal Case U 177/93 for abuse of office concerning the issue of a work permit to Hasmuklal Duhyabhai Patel. This prosecution commenced on 24 March 1993 while an earlier related prosecution (Criminal Case U 915/91 concerning another entry permit) was still ongoing. The plaintiff was never interrogated or asked to provide a statement. On 18 July 1995 he was acquitted under s.125 of the Magistrates' Courts Act when the court found no prima facie case. Subsequently, in November 1994, the plaintiff was retired in the public interest. He brought this civil suit seeking damages for malicious prosecution. The defendant failed to comply with an order for discovery and its defence was struck out, resulting in an ex parte hearing.

Issues

  1. Whether the prosecution of the plaintiff was malicious.
  2. To what reliefs, if any, is the plaintiff entitled.

Orders

  • Special damages of Shs. 3,324,600 awarded.
  • General damages of Shs. 50,000,000 awarded.
  • Exemplary damages of Shs. 10,000,000 awarded.
  • Interest at 20% per annum on all damages from date of judgment until full realization.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Malicious Prosecution — Elements of the Tort
To succeed in an action for malicious prosecution, a plaintiff must prove on the balance of probabilities that: (i) the defendant instituted and continued the proceedings; (ii) the defendant acted without reasonable and probable cause; (iii) the defendant acted maliciously; and (iv) the proceedings terminated in favour of the plaintiff.
Malicious Prosecution — Reasonable and Probable Cause — Duty to Investigate
In order to have reasonable and probable cause attend the act of prosecution, the prosecuting authority must gather the pertinent facts and information first and weigh their probity. Prosecuting a person without interrogating them or taking a statement from them demonstrates absence of reasonable and probable cause.
Malicious Prosecution — Malice — Definition
Malice in the tort of malicious prosecution is not to be considered in the sense of spite or hatred, but whether the defendant was actuated by improper and indirect motives. Malice is akin to lack of probable cause accompanied by zeal to accomplish the task at any cost.
Limitation Periods — Time Bar — Amendment of Pleadings
Where a claim is time-barred under the Civil Procedure and Limitations (Miscellaneous Proceedings) Act, it cannot be introduced belatedly through a further amended plaint, even if details of the time-barred matter emerged in testimony. Such an amendment constitutes an impermissible back door entry for a claim that is no longer good currency.
Special Damages — Pleading and Proof
Special damages must be specifically pleaded and specifically proved. While documentary evidence is not required in all cases, where the proved amount is substantially less than the claimed amount, the court will only award that which is proved with reasonable certainty.
Exemplary Damages — Grounds for Award
Exemplary damages for tort may be awarded where there is oppressive, arbitrary or unconstitutional action by a servant of government, or where the defendant's conduct was calculated to procure a benefit at the expense of the plaintiff. The punishment must not exceed what would likely have been imposed in criminal proceedings, and the means of the parties and everything which aggravates or mitigates the defendant's conduct must be taken into account.

Legislation cited (4)

Cases cited (9)

  • Epaineto v Uganda Commercial Bank [1972] EA 185
  • Iga v Makerere University [1972] EA 65
  • Kagane and Others v Attorney General and Another [1969] EA 643
  • Robert Cuossens v Attorney General (Civil Appeal No. 8 of 1999)
  • Eletu v Uganda Airlines Corporation [1984] HCB 39
  • Masene v Uganda Transport Co. [1992-1993] HCB 209
  • Amos Senyakazana v Attorney General [1984] HCB 48
  • Obonyo v Municipal Council of Kisumu [1971] EA 94
  • Rookes v Barnard and Others [1964] AC 1129

Full judgment

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

Henry Munyangazi v Attorney General (Civil Suit 659 of 1996) [2002] UGHCCD 31 (1 March 2002)
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.