Wakilii

Lutaya Fred v Attorney General [2019] UGHRC 53

Tribunal · 2019 Complaint Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint before UHRC Tribunal alleging violation of right to property
Decision
Complaint dismissed on grounds that Attorney General not vicariously liable for acts of semi-autonomous agency

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal found that the complainant's right to property under Article 26 of the Constitution was violated when Rural Electrification Agency staff destroyed 12 palm trees during electricity line extension. However, the complaint was dismissed because the Attorney General could not be held vicariously liable for acts of REA agents, as REA is a semi-autonomous agency established under statutory instrument, not a government department whose servants' acts would attract vicarious liability under the principle in Muwonge v Attorney General of Uganda.

Outcome

Complaint dismissed on grounds that Attorney General not vicariously liable for acts of semi-autonomous agency

Facts

On 6 May 2008, while extending electricity to Mwena LC I Village in Kalangala district, Rural Electrification Agency staff erected electricity lines through the complainant's palm tree garden. In the process, 12 one-year-old palm trees were destroyed and two electric poles were planted on his land. The complainant reported the matter to the LC I Chairman two years later and was given a form to fill for compensation by REA, which he submitted, but no compensation was paid. The LC I Chairperson of production confirmed that electricity lines were erected in 2006 through the complainant's approximately two-year-old palm tree garden of 3 acres, affecting 12 trees. Other affected persons in the village had received compensation. The complainant claimed he expected a profit of UGX 720,000,000 from the trees after 25 years.

Issues

  1. Whether the Complainant's right to property was violated?
  2. Whether the Respondent is liable?
  3. Whether there are any remedies available to the Complainant?

Orders

  • The complaint is disallowed.
  • Each party shall bear its own costs.

Rules and key headnotes

Constitutional Law — Right to Property — Protection under Article 26
The right to property is protected under Article 26 of the Constitution of the Republic of Uganda 1995 and Article 17 of the Universal Declaration of Human Rights, and property can only be taken away upon payment of adequate compensation prior to taking.
Human Rights — Burden of Proof — Balance of Probabilities
A complainant before the Uganda Human Rights Commission Tribunal has the burden to prove allegations against the respondent on a balance of probabilities.
Administrative Law — Vicarious Liability — Semi-Autonomous Agencies
The Attorney General cannot be held vicariously liable for acts of agents of the Rural Electrification Agency, a semi-autonomous agency established under statutory instrument, as the Attorney General can only be held liable for acts of his servants committed within the course of their employment in government departments.

Legislation cited (10)

Cases cited (7)

  • Osotraco Limited v Attorney General (HCCS No. 1380 of 1986)
  • James Rwanyarare and 2 Others v Attorney General (UHRC Complaint No. 304 of 1999)
  • Gideon Emaru v Attorney General (HMC No. 71 of 2005)
  • Annet Namirimu Ndaula v Rev Aloni Mulondo and Another (HCCS No. 27 of 2011)
  • Okello Tom Ibrahim and Another v Attorney General (UHRC Complaint No. G/88/2005)
  • Katantazi III Ison v Attorney General (UHRC Complaint No. JJA/57/2004)
  • Muwonge v Attorney General of Uganda [1967] EACA 17

Full judgment

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

Lutaya Fred v Attorney General 2019 UGHRC 53 (14 November 2019)
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.