Wakilii

Kyakuhaire v Mwesigye and 2 Others (Misc Cause 16 of 2023)

High Court · [2024] UGHC 1171 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Constitutional application seeking compensation and declaratory relief for injuries sustained by minor when shot by police stray bullet
Decision
Application granted in favour of the Applicant minor with declarations of negligence and vicarious liability and monetary awards

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that police officers acted negligently when they fired into a crowd in a public place during pursuit of thieves, injuring a minor with a stray bullet. The Attorney General was held vicariously liable for the negligent actions of the police officers committed in the course of their employment. The court awarded special damages of UGX 531,000 and general damages of UGX 45,000,000 for the injuries sustained, finding no evidence that the first respondent specifically ordered the shooting.

Outcome

Application granted in favour of the Applicant minor with declarations of negligence and vicarious liability and monetary awards

Facts

On 3 January 2023, at approximately 1:00 pm in Kiryatete-Hoima, the applicant, a minor, was at the family produce store when he was struck in the head by a stray bullet fired by police officers. The police were pursuing armed car robbers when the incident occurred. The bullet caused a gunshot wound to the right side of the head with a shrapnel lodged in the right parietal occipital region. The child was rushed to Hoima Referral Hospital and then referred to Mulago National Referral Hospital where he received treatment. A CT scan showed the shrapnel in his brain. Following treatment and management, the child was discharged with anticonvulsant medication and ongoing medical supervision due to episodes of convulsions. The respondents were served with court process but failed to file affidavits in reply.

Issues

  1. Whether the 2nd and 3rd Respondents' police officers acted negligently when a bullet was fired at the crowd and injured the Applicant.
  2. Whether the 1st Respondent ordered and/or allowed police officers under his command to fire at the crowds in Kiryatete-Hoima District and injured the Applicant.
  3. Whether the 2nd and 3rd Respondents are vicariously liable for the negligent acts of its officers.
  4. What remedies are available to the parties.

Orders

  • A declaration that the 2nd and 3rd Respondents' police officer acted wantonly and negligently when he fired at the crowd and injured the Applicant.
  • A declaration that the 3rd Respondent is vicariously liable for the actions of the police officer who wantonly fired at the crowd and injured the Applicant.
  • Special damages amounting to UGX 531,000.
  • General damages amounting to UGX 45,000,000 for compensating the Applicant for injuries sustained, pain, trauma, inconvenience and torture suffered.
  • Costs of the suit awarded against the 3rd Respondent.

Rules and key headnotes

Negligence — Duty of Care — Police Operations in Public Places
Police officers owe a duty of care to protect individuals from danger of injury which they themselves create, and it is reasonably foreseeable that bystanders might be injured during pursuit or arrest operations in public places, requiring careful conduct to protect lives of bystanders.
Vicarious Liability — Government Liability for Acts of Police Officers
Under the doctrine of vicarious liability and section 3(1) of the Government Proceedings Act, the Government is liable in tort for acts committed by its servants or agents in the course of their employment, even if the act is done wantonly, negligently, or criminally, provided it is within the manner of carrying out what the employee was employed to do.
Vicarious Liability — Employer Liability, Not Administrative Office
The principle of vicarious liability holds the employer, not an administrative office or individual officer, accountable for actions of employees or agents performed within the scope of their employment.
Special Damages — Pleading and Proof Requirements
A claim for special damages must be specifically pleaded and strictly proved, and while documentary evidence is not required in all cases, a plaintiff must adduce evidence substantiating claimed expenditures and cannot simply list particulars and demand compensation without proof.
General Damages — Personal Injury — Assessment Principles
General damages for personal injuries include anticipated future loss, pain and suffering, inconvenience, and loss of amenity, assessed to provide pecuniary consideration that will make good to the sufferer, as far as money can do, the loss suffered as the natural result of the wrong done.
Affidavit Evidence — Failure to File Reply — Presumption of Admission
Where facts are sworn to in an affidavit and the opposing party fails to file an affidavit in reply despite being duly served, the presumption is that such facts are accepted and the statements remain uncontroverted, constituting an admission.
Burden of Proof — Default Does Not Relieve Burden
The respondent's default to file an affidavit in reply does not relieve the applicant of the legal obligation to prove the case; the applicant must still adduce sufficient evidence to establish material facts and legal claims.

Legislation cited (11)

Cases cited (10)

  • Shelton Okabo v Standard Chartered Bank (U) Ltd (High Court Miscellaneous Application No. 51 of 1992)
  • Samwiri Massa v Rose Achen [1978] HCB 297
  • Donoghue v Stevenson [1932] AC 562
  • Twine Emmanuel v Attorney General (High Court Miscellaneous Cause No. 3 of 2024)
  • Security 2000 Ltd v Cumberland (Court of Appeal Civil Appeal No. 916 of 2014)
  • Muwonge v Attorney General [1967] EA 17
  • Kaggwa Vincent v Attorney General (High Court Civil Suit No. 391 of 2014)
  • Rosemary Nalwadda v Uganda Aids Commission (High Court Civil Suit No. 67 of 2011)
  • Makubuya Enock William (T/A Polla Plast) v Umeme (U) Ltd (Supreme Court Civil Appeal No. 1 of 2019)
  • Livingstone v Rawyards Coal Co (1880) 5 App Cas 25

Full judgment

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

Kyakuhaire v Mwesigye and 2 Others (Misc Cause 16 of 2023) [2024] UGHC 1171 (6 December 2024)
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.