Wakilii

kidega Alfonse v Attorney General (Civil Suit No.4 Of 2000) (Civil Suit No.4 of 2000)

High Court · [2008] UGHC 86 · 2008 Judgment for Plaintiff (Partial) AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages arising from arrest, detention and criminal prosecution
Decision
Plaintiff's claims for unlawful arrest, malicious prosecution, and damages for remand period dismissed; damages awarded for unlawful detention at police station only

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the plaintiff's suit was not time barred as it was filed within two years of his acquittal. The plaintiff was lawfully arrested as a murder suspect and lawfully detained during the entire remand period pursuant to court orders, which were not actionable under Article 128(4) of the Constitution. However, the plaintiff was unlawfully detained for nine days at Gulu Central Police Station beyond the applicable 48-hour limit before being taken to court. The plaintiff failed to discharge the burden of proving malicious prosecution. The plaintiff was awarded UGX 2,000,000 in general damages and UGX 200,000 in special damages for the period of unlawful detention only.

Outcome

Plaintiff's claims for unlawful arrest, malicious prosecution, and damages for remand period dismissed; damages awarded for unlawful detention at police station only

Facts

The plaintiff was arrested at Gulu Court premises on 13.04.1995 by AIP Kibwota of Uganda Police while attending a civil case involving his brother. He was detained at Gulu Central Police Station for nine days before being charged with murder on 24.04.1995 in Criminal Case No. 275 of 1996. He was remanded in prison for four years until his acquittal on 21.04.1999 by Justice I.O. Malinga. The plaintiff filed this suit on 09.02.2000 claiming general, exemplary and special damages for unlawful arrest, unlawful detention and malicious prosecution. While detained at the police station, the plaintiff was beaten, kept in overcrowded conditions with inadequate sanitation, provided only one meal per day, and given no bedding. The plaintiff was a farmer of groundnuts and cassava. The defendant contended the suit was time barred and denied all claims.

Issues

  1. Whether the plaintiff's suit is time barred.
  2. Whether the plaintiff was unlawfully arrested and detained.
  3. Whether the plaintiff was maliciously prosecuted.
  4. Whether the plaintiff is entitled to the remedies prayed for.

Orders

  • The plaintiff's suit is not time barred.
  • The plaintiff was lawfully arrested and detained for 48 hours from 13.04.1995 to 15.04.1995.
  • The plaintiff was unlawfully detained at Gulu Central Police Station from 16.04.1995 to 24.04.1995.
  • The plaintiff was lawfully detained during the entire remand period from 24.04.1995 to 21.04.1999.
  • The plaintiff was not maliciously prosecuted.
  • The plaintiff is awarded UGX 2,000,000 as general damages for unlawful detention and mistreatment.
  • The plaintiff is awarded UGX 200,000 as special damages for lost income.
  • General damages to carry interest at 15% per annum from the date of judgment until payment in full.
  • Special damages to carry interest at 15% per annum from 16.04.1995 until payment in full.
  • The plaintiff is awarded the costs of the suit.

Rules and key headnotes

Limitation of Actions — Torts Against Government — Date Cause of Action Arises
In torts of wrongful arrest, unlawful detention, false imprisonment and malicious prosecution against government, the time within which a plaintiff can bring an action begins to run from the date of release or acquittal of the plaintiff, not from the date of arrest or detention.
Personal Liberty — Detention During Remand — Actionability
A person remanded to prison pursuant to valid court orders issued in exercise of judicial power is in lawful detention for that entire remand period, and such detention is not actionable by virtue of Article 128(4) of the Constitution which protects judicial officers from liability for acts in exercise of judicial power.
Personal Liberty — 48-Hour Rule — Retrospective Application
Where an arrest occurred before the 1995 Constitution came into effect on 8th October 1995, Article 23(4)(b) requiring presentation to court within 48 hours was not yet operative; however, the court may use that constitutional standard as guidance to assess whether the previous requirement of taking an arrested person before court 'without unnecessary delay' under section 14 of the Criminal Procedure Code was satisfied.
Malicious Prosecution — Burden of Proof — Evidence Required
To succeed in a claim for malicious prosecution, the plaintiff must prove that he was prosecuted, the prosecution ended in his favour, the prosecution was actuated by malice and without reasonable and probable cause. The plaintiff cannot discharge this burden merely by tendering the record of proceedings and judgment from the criminal case; direct evidence of malice and absence of reasonable cause must be adduced in the civil suit.
Malicious Prosecution — Reasonable and Probable Cause — Definition
Reasonable and probable cause for prosecution exists where there are sufficient grounds for thinking the plaintiff was probably guilty of the crime imputed. The prosecutor need not believe in the probability of conviction but must believe the probability of guilt is such that upon general grounds of justice a charge is warranted.

Legislation cited (11)

Cases cited (11)

  • Eridad Otabongo Waimo v Attorney General (Supreme Court Civil Appeal No. 6 of 1990)
  • Musambu v West Mengo District Administration [1971] EA 379
  • O'Connor v Isaac [1956] 2 QB 288
  • Uganda v Richard Mutumba (1995) VI KALR 91
  • Edirisa Ssemakula v Attorney General (1976) HCB 171
  • Glinski v McIver [1962] AC 726
  • Owiny Kenneth v Attorney General (High Court Civil Suit No. 11 of 1995)
  • Lutwama Umar v Attorney General (High Court Civil Suit No. 426 of 2003)
  • Sebuliba v Co-operative Bank (1982) HCB 129
  • Newman v Attorney General (1988-1990) HCB 2009
  • Apire Michael v Attorney General (High Court Civil Suit No. 92 of 2004)

Full judgment

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

kidega Alfonse v Attorney General (Civil Suit No.4 Of 2000) (Civil Suit No.4 of 2000) [2008] UGHC 86 (27 June 2008)
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.