Wakilii

Lubega Yusuf and Others v Uganda (Miscellaneous Application No. 6 of 2024)

High Court · [2024] UGHCCRD 81 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to nullify charge and caution statements arising from pending criminal proceedings
Decision
Application dismissed on preliminary objection for suing the wrong party

Observed later treatment

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Holding

The High Court dismissed an application to nullify charge and caution statements allegedly procured through torture. The court held that proceedings against the Director of Public Prosecutions in his own capacity cannot be maintained as the DPP is not a body corporate with capacity to sue or be sued. Under Article 250(2) of the Constitution and established Supreme Court precedent, all civil proceedings by or against government must be instituted by or against the Attorney General. The court distinguished this from a mere technicality under section 6(5) of the Human Rights (Enforcement) Act 2019, finding the defect incurable. The application was dismissed as being brought against the wrong party.

Outcome

Application dismissed on preliminary objection for suing the wrong party

Facts

Nine applicants stood charged with kidnapping with intent to procure ransom and murder under Session Case No. 0810 of 2020. They alleged they were arrested between April and May 2018, detained at CMI, and subjected to torture resulting in forced signing of charge and caution statements. They filed a miscellaneous application seeking to nullify the statements, annul the criminal proceedings, and obtain damages. They attached medical reports from the African Centre for Torture and Rehabilitation. The respondent opposed through an affidavit by SP Musa Walugembe Nakibinge, denying torture and stating the applicants were detained at CID Kireka on lawful authority. The respondent raised preliminary objections that the application was based on hearsay evidence and that it was brought against the wrong party, as the DPP rather than the Attorney General was sued.

Issues

  1. Whether this application is proper before this Court.
  2. Whether the applicants sued the correct party.
  3. What remedies are available to the parties.

Orders

  • Application dismissed.
  • The hearing of the main case to be expedited.

Rules and key headnotes

Civil Procedure — Capacity to Sue and Be Sued — Director of Public Prosecutions
The Director of Public Prosecutions is not a body corporate with capacity to sue or be sued in his own capacity, and proceedings against the DPP cannot be maintained.
Constitutional Law — Government Proceedings — Proper Party to Sue
Under Article 250(2) of the Constitution, all civil proceedings by or against government shall be instituted by or against the Attorney General, not government departments or agencies.
Human Rights — Enforcement Procedure — Parties to Proceedings
Section 6(5) of the Human Rights (Enforcement) Act 2019, which provides that suits shall not be rejected for failure to comply with technicalities, does not cure a suit brought against a wrong party where capacity to sue or be sued is absent.

Legislation cited (46)

Cases cited (5)

  • Electro-Maxx Uganda v Oryx Oil Uganda Limited (Miscellaneous Application No. 251 of 2020)
  • Dan Alinange v Director of Public Prosecution (Miscellaneous Cause No. 167 of 2017)
  • Charles Harry Twagira v Attorney General and Another (Supreme Court Civil Appeal No. 4 of 2007)
  • Dr Kizza Besigye and Others v Attorney General (Constitutional Petition No. 7 of 2007)
  • Charles Twagira v Attorney General (Supreme Court Civil Appeal No. 4 of 2007)

Full judgment

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

Lubega Yusuf and Others v Uganda (Miscellaneous Application No. 6 of 2024) [2024] UGHCCRD 81 (7 August 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.