Wakilii

Kabumbuli v Attorney General (Civil Suit 589 of 1987)

High Court · [1990] UGHCCD 2 · 1990 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for detinue and damages arising from wrongful release of impounded motor vehicle by police officers
Decision
Judgment entered for Plaintiff with damages totalling UGX 16,001,000 plus interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court held that police officers wrongfully released the plaintiff's impounded vehicle to an unauthorised third party without valid consent, as the driver was forced to sign a release document under threat while in custody. The vehicle was subsequently involved in an accident and damaged beyond repair while in that third party's custody. The defendant was vicariously liable for the police officers' acts committed in the course of their employment, even where those acts were carried out wrongly. The plaintiff was awarded the market replacement value of the vehicle, special damages for loss of earnings, and nominal general damages. Exemplary damages were refused on the ground that the police conduct, though wrongful, was not sufficiently oppressive or high-handed.

Outcome

Judgment entered for Plaintiff with damages totalling UGX 16,001,000 plus interest and costs

Facts

In January 1987, the plaintiff's Toyota Hilux Pick-up (Registration No. UXK-312) was impounded by police in Jinja following a traffic offence committed by its driver, Sebuliba. The driver was charged and remanded in Kirinya Prison. While the driver was in custody, police officers at the Central Police Station Jinja released the vehicle to a third party identified as Karim, a soldier of the NRA. The driver testified that he was forced under threat of assault to sign a document authorising release while detained, though he did not read the document as it was in English, a language he did not understand, and he had no written authority from the plaintiff. The plaintiff, who was upcountry in Bushenyi District at the time, did not authorise the release. The vehicle was subsequently involved in an accident in Kampala at Bakuli and was taken to Walusimbi's Garage for repairs. The vehicle sustained a cracked engine block and chassis bent beyond repair. The plaintiff operated the vehicle commercially, ferrying traders between Kampala and Busia six days a week, earning a net profit of UGX 3,000 per day initially, rising to UGX 30,000 per day due to inflation.

Issues

  1. Whether Motor vehicle No. UXK-312 Toyota Pick-up belonging to the Plaintiff was wrongly released by the Police Officers at the CPS Jinja to an unauthorised officer of the NRA.
  2. Whether the said motor vehicle was involved in an accident while in the custody of the officer of the NRA, and if so whether the motor vehicle was totally damaged.
  3. Whether the Police Officer and the officer of the NRA were acting in the course of their duties.
  4. What damages if any is the Plaintiff entitled to.

Orders

  • Judgment entered for the Plaintiff.
  • Defendant to pay the Plaintiff UGX 11,000,000 being the assessed market replacement value of the Plaintiff's vehicle now damaged beyond repair.
  • Defendant to pay the Plaintiff UGX 5,000,000 being loss of earning of the Plaintiff from the vehicle as from 1 February 1987 to date.
  • General damages of UGX 1,000 awarded.
  • Interest on the above at court rates.
  • Costs of the suit.

Rules and key headnotes

Detinue — Vicarious Liability — Police Officers Acting in Course of Employment
A master may be vicariously liable for an act of his servant even if the act was done contrary to his order or where the servant acted deliberately, wantonly, negligently or even criminally or for his own benefit, provided that what he did is merely a manner of carrying out what he is employed to do.
Document Validity — Consent — Signature Under Duress
A document where signature is obtained without the consent of the signer is invalid and of no effect on the signer. Where consent is lacking, it is immaterial how the signature is obtained; the document will be a nullity just as if a rogue had forged the signer's signature.
Detinue — Police Bailment — Duty of Care — Wrongful Release
Police officers who impound a vehicle become bailees thereof and are expected in law to keep the same until the owner comes to collect it or until the driver's release from prison. Releasing the vehicle to an unauthorised person without authority constitutes a breach of that duty, and where this occurs in the course of carrying out police duties, the Government is vicariously liable.
General Damages — Detinue — Restitutio in Integrum
The general principle of damages is to put the plaintiff as far as money can do to the position he had been before the wrong complained of had been committed. In a claim in detinue, apart from the return of the chattel or its replacement value, the plaintiff is entitled to general damages to compensate him for the injury he sustained by the very act of detinue, though such general damages should be nominal unless the plaintiff proves special damages.
Special Damages — Loss of Earnings — Standard of Proof
Special damages must not only be pleaded but must also be proved. In the case of loss of earning, it is not necessary to produce bank statements to prove the plaintiff's earning before the wrong complained of was committed; what is needed is cogent evidence showing the plaintiff's earning prior to that.
Exemplary Damages — Oppressive or High-Handed Conduct
Exemplary damages may be awarded where the conduct of the servant of the Government towards the plaintiff has been oppressive, arbitrary, high-handed or unconstitutional, or where the defendant's conduct has been calculated by him to make a profit which may well exceed the compensation payable to the plaintiff, or where it is provided for by statute. An award of exemplary damages is a matter of discretion of the court and the plaintiff cannot recover exemplary damages unless he is the victim of the punishable behaviour of the servant of the Government. Conduct that is wrongful but not high-handed or oppressive does not attract exemplary damages.

Legislation cited (2)

Cases cited (12)

  • Saunders v Anglia Building Society (1970) 3 WLR 1961
  • Gallie v Lee [1969] 1 WLR
  • Nuwongo v Attorney General (1967) EA 17
  • Joseph Lakwapo v AG HCCS No. 1156/88
  • George Brown Turuzgudirika v AG HCCS
  • Phillips v Gards (1956) 1 ALLER 874
  • UCB v Matiya Wasswa Civil Suit No. 6/82
  • Bindimu v AG 1970 HCB
  • Rooks v Barnard (1964) AC 1129
  • Obongo v Kisumu Council (1971) EA 91
  • Kampala City Council v Naigye (1972) EA 446
  • Kyaibadde v Entebi District Administration

Full judgment

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

Kabumbuli v Attorney General (Civil Suit 589 of 1987) [1990] UGHCCD 2 (15 November 1990)
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.