Wakilii

Makerere University v Kasillingi (Civil Appeal No. 40 of 1973)

High Court · [1976] UGHCCD 1 · 1976 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from lower court judgment on claim for wrongful arrest and false imprisonment
Decision
Appeal dismissed; trial magistrate's finding for respondent upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the arrest was not justified. Under s.28 of the Criminal Procedure Code, the burden is on the person arresting to establish reasonable grounds for suspicion justifying the arrest. The cold condition of vegetables and their conveyance in a bag on campus, without any evidence controverting the respondent's explanation that he had purchased them the previous evening, did not constitute reasonable grounds for suspicion. Over-zealousness in discharging duties does not provide reasonable grounds to justify depriving someone of liberty.

Outcome

Appeal dismissed; trial magistrate's finding for respondent upheld

Facts

The respondent was head cook at Makerere University since 1959. On 6 April 1971, he gave a waiter named Mulindwa onions and tomatoes to take to his home. University security guard C.Okot arrested Mulindwa after finding cold tomatoes and onions weighing about 2 kilos in a paper bag. Mulindwa explained his errand but was detained. The respondent went to the security office upon hearing of the arrest and explained that he had bought the vegetables from Nakasero market the previous evening and had given them to Mulindwa. The respondent was also detained from 10.30 a.m. until about 4.00 p.m. without lunch and was handed over to Wandegeya police station. The security officers did not establish that any vegetables had been stolen from the kitchen before or after the arrest.

Issues

  1. Whether the security officer had reasonable grounds for suspecting that the respondent had committed a felony of theft by servant contrary to s.258 of the Penal Code, thereby justifying his arrest under s.28 of the Criminal Procedure Code.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Evidence — Burden of Proof — Wrongful Arrest — Duty to Establish Reasonable Grounds for Suspicion
In a case of wrongful arrest, the burden is on the person arresting to establish the existence of reasonable grounds for the suspicion justifying the arrest under s.28 of the Criminal Procedure Code.
Tort Law — Wrongful Arrest — Arrest by Private Person — Standard of Reasonable Grounds
There is no distinction between the power of a police officer and a private person to arrest a person suspected of having committed a felony. The tort of wrongful arrest is committed when the police officer or private person arresting has no reasonable grounds for the suspicion.
Tort Law — Wrongful Arrest — Reasonable Grounds for Suspicion — What Does Not Constitute
The cold condition of vegetables and the fact that they were being conveyed in a bag on campus, without any evidence controverting an explanation that they were lawfully purchased and gifted, does not constitute reasonable grounds for suspicion justifying arrest for theft.
Tort Law — Wrongful Arrest — Over-zealousness — Not a Defence
Over-zealousness in the purported discharge of duties does not provide a reasonable ground to justify depriving someone of liberty under the provisions of s.28 of the Criminal Procedure Code. Depriving someone of liberty is not a matter to be taken lightly.

Legislation cited (2)

Cases cited (2)

  • Eria Kindi and Another v Makerere University (HCCS No. 1141 of 1974)
  • M'Ibui v. Dyer, [1967] E.A. 315

Full judgment

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

Makerere University Vs Kasillingi (Civil Appeal No. 40 of 1973) [1976] UGHCCD 1 (16 December 1976)
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.