Wakilii

Kemirembe v Attorney General (CIVIL SUIT NO. 200 OF 2010)

High Court · [2020] UGHCCD 173 · 2020 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of stolen vehicle value and damages against the Attorney General and a police officer
Decision
Plaintiff's suit succeeded with awards for vehicle value, special damages, general damages, interest, and costs; second defendant personally liable for portion of award with threat of civil imprisonment

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that a police officer who participated in the illegal auction sale of a stolen vehicle to his own wife, while aware the vehicle was subject to an active search operation, was liable for misappropriation. The sale was unauthorized by the court order and constituted gross negligence and abuse of office. The plaintiff was entitled to recover the vehicle's value, special damages for lost income, and general damages. The second defendant was personally ordered to pay part of the award or face civil imprisonment.

Outcome

Plaintiff's suit succeeded with awards for vehicle value, special damages, general damages, interest, and costs; second defendant personally liable for portion of award with threat of civil imprisonment

Facts

On 14 November 2008, the plaintiff's motor vehicle (Nissan Datsun Reg. No. UAE 130H) was stolen from Makerere University main library parking lot. The plaintiff promptly reported the theft to police and searches commenced. On 26 April 2010, the plaintiff's husband discovered the vehicle being used for hire business in Kisenyi, Kampala. Investigation revealed the vehicle had been sold at a purported police auction to Margaret Kizza, wife of the second defendant who was a police officer and community liaison officer at Kampala Central Police Station. The second defendant claimed the vehicle was sold pursuant to a court order authorizing disposal of unclaimed properties. However, evidence showed the plaintiff's vehicle was not listed in the court's authorized list of items for disposal but appeared only on the auctioneer's list. The vehicle was sold for Ug. shs. 1,000,000/= while police were allegedly still searching for it. The plaintiff sued for recovery of the vehicle or its value and damages.

Issues

  1. Whether the Defendants were negligent in failing to act on the Plaintiff's report of the loss of the suit vehicle.
  2. Whether the motor vehicle was disposed of and if so whether the disposal was proper.
  3. Whether the Plaintiff is entitled to the remedies sought.

Orders

  • The Plaintiff is awarded the value of her car of Ug. shs. 12,000,000/=.
  • The Plaintiff is awarded special damages of Ug. shs. 120,000,000/= for lost income.
  • The Plaintiff is awarded general damages of Ug. shs. 150,000,000/=.
  • Interest on all monetary awards of 15% per annum is awarded from the date of filing this suit till payment in full.
  • The second Defendant is warned seriously to desist from using his office to the prejudice of unsuspecting citizens.
  • The second Defendant shall pay Ug. shs. 50,000,000/= of the Plaintiff's total award or be committed to civil prison.
  • Costs of the suit are awarded to the Plaintiff.

Rules and key headnotes

Negligence — Police Officers — Duty of Care in Handling Stolen Property Reports
A police officer who participates in the disposal of property that is the subject of an active theft investigation and search operation, particularly where the disposal benefits the officer personally through a sale to his spouse, breaches the duty of care owed to the property owner and is liable in negligence.
Abuse of Office — Police Officers — Conflict of Interest in Property Disposals
Where a police officer orchestrates or facilitates the sale of property through a purported court-authorized auction to his own spouse at an undervalue, while aware the property is subject to a theft investigation, such conduct constitutes abuse of office and demonstrates a disqualifying conflict of interest.
Evidence — Credibility — Perjury and Contradictory Documentary Evidence
Where a witness's sworn testimony is directly contradicted by documentary evidence showing that property was not included in a court order authorizing disposal but appeared only on an auctioneer's list, the court is entitled to reject the witness as not credible and to draw adverse inferences against that witness.
Damages — Special Damages — Lost Income from Hire Business — Assessment Where Full Capacity Not Proven
In assessing special damages for lost income from a vehicle used in hire business, the court may reduce the claimed amount where it is unrealistic to assume the vehicle would have generated income at full daily capacity six days per week continuously through the years, accounting for unprofitable days and wear and tear.
Government Liability — Vicarious Liability for Police Officers' Torts
Under section 10 of the Government Proceedings Act, the Attorney General may be sued for the wrongful acts of government employees, including police officers, committed in the course of their employment.
Remedies — Personal Liability of Public Officers — Civil Imprisonment
Where a public officer has abused his office to the prejudice of a citizen, the court may order that officer to personally pay a portion of the damages award with the sanction of civil imprisonment for non-compliance, in addition to warning the officer against future misconduct.

Legislation cited (1)

Full judgment

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Kemirembe v Attorney General (CIVIL SUIT NO. 200 OF 2010) [2020] UGHCCD 173 (10 June 2020)
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.