Wakilii

Kainamura & 2 Ors v Attorney General & 2 Ors (Civil Suit No. 961 89)

High Court · [1994] UGHC 35 · 1994 Judgment for Plaintiffs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages arising from unlawful arrest, false imprisonment, and assault
Decision
Judgment for plaintiffs with damages and costs awarded

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the police arrested and detained the plaintiffs without reasonable and probable cause. The arrest was based on mere suspicion unsupported by evidence that the plaintiffs had kidnapped a missing adult. The detention before being taken to court was unlawful. However, subsequent detention on court remand orders was lawful despite the five-month delay in withdrawing the charge. The plaintiffs were assaulted while in police custody. General damages of UGX 150,000 per plaintiff were awarded, plus special damages for lost earnings during the unlawful detention period before court appearance.

Outcome

Judgment for plaintiffs with damages and costs awarded

Facts

The three plaintiffs were cattle traders who travelled with the fifth defendant, George William Kakuru, from Migera in Luwero District to Kampala on 8 August 1988 to sell cattle. After selling the cattle at the meat packers, they parted ways with Kakuru, who did not join them as planned. On 13 August 1988, relatives of Kakuru (the 2nd, 3rd and 4th defendants) who were searching for him, met the plaintiffs and suspected them of causing his disappearance. The relatives reported the plaintiffs to Jinja Road Police Station. The first plaintiff was arrested on 14 August 1988 and detained for 10 days before being charged with kidnapping with intent to murder. The second plaintiff was arrested on 18 August 1988 and detained at various police stations for 30 days before being added to the charge. Both were tortured during police detention. The Deputy DPP found insufficient evidence to support the charge and directed its withdrawal, but this was not carried out until five months later.

Issues

  1. Whether there was reasonable and probable cause for the arrest of the plaintiffs.
  2. Whether in arresting the plaintiffs the agents of the 1st defendant were acting in the course of their employment.
  3. Whether the plaintiffs were unlawfully imprisoned.
  4. Whether the plaintiffs were assaulted by the agents of the 1st defendant while in custody.
  5. What damages, if any, are the plaintiffs entitled to and against which defendant.

Orders

  • Each plaintiff awarded UGX 150,000 as general damages.
  • First plaintiff awarded UGX 411,440 as special damages for lost earnings during 10 days of unlawful detention.
  • Second plaintiff (Musa Kabirizi) awarded UGX 205,714 as special damages for lost earnings during 30 days of unlawful detention.
  • No punitive damages awarded.
  • Costs of the action awarded to the plaintiffs.

Rules and key headnotes

Arrest Without Warrant — Reasonable Grounds for Suspicion
A police officer's power to arrest without warrant under section 23 of the Criminal Procedure Code requires reasonable grounds to suspect that the person has committed a cognisable offence. Mere suspicion unsupported by facts that reasonably lead to such suspicion does not justify arrest. The seriousness of the alleged offence alone does not justify arrest; there must be facts supporting a reasonable suspicion that the offence was committed and probably by the suspect.
False Imprisonment — Unlawful Detention Before Court Appearance
Where plaintiffs are arrested without reasonable and probable cause, their detention at a police station before being taken to court is unlawful. The power of police to detain a person suspected of a cognisable offence for 24 hours before taking them to court is confined to persons arrested on reasonable and probable cause.
False Imprisonment — Detention on Court Order
Detention on a court's remand order is lawful and does not become unlawful merely because police delay in withdrawing a charge following prosecutorial direction. Bad faith on the part of police does not turn an otherwise lawful detention on court order into unlawful detention.
Proof of Assault — Medical Evidence Not Required
It is not a requirement of law that every allegation of assault must be proved by medical evidence. Cogent testimonial evidence can suffice to prove assault. Medical evidence helps to prove the gravity of the assault but is not necessary to establish that an assault occurred.
General Damages — Assessment in Unlawful Arrest and Assault Cases
In assessing general damages for unlawful arrest, false imprisonment, and assault, the court considers the severity of the torture, the duration of unlawful detention, the social and professional status of the plaintiff, and the diminishing value of currency. Previous awards serve as guides for comparative purposes, but each case must be decided on its peculiar facts.
Special Damages — Lost Earnings During Unlawful Detention
Special damages for lost earnings are recoverable only for the period of unlawful detention. Where plaintiffs are detained both unlawfully (before court appearance) and lawfully (on court remand orders), the defendant is liable only for loss of earnings during the period of unlawful detention.

Legislation cited (2)

  • Criminal Procedure Code s.23
  • Penal Code (Chapter XVII)

Cases cited (3)

  • Senyingo Kasolo v Attorney General (High Court Civil Suit No. 806 of 1991)
  • Charles Katende v Attorney General (1971) IULR 26
  • Patrick Kwarakunde v Attorney General (1984) HCB 60

Full judgment

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

Kainamura & 2 Ors v Attorney General & 2 Ors (Civil Suit No. 961_89) [1994] UGHC 35 (12 October 1994)
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.