Wakilii

Misango and Another v Attorney General and Another (HCT-00-CV-CS-0043 OF 2005)

High Court · [2012] UGHC 430 · 2012 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages arising from alleged unlawful eviction and destruction of property
Decision
Suit dismissed with judgment entered in favour of the defendants

Observed later treatment

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Holding

The High Court dismissed the plaintiffs' suit for damages arising from their eviction from Maruzi Ranch. The court held that the plaintiffs' entry and occupation of the ranch was unauthorised and unlawful; that no disease outbreak justified a quarantine; that the eviction was lawfully carried out; and that the plaintiffs failed to prove any loss of cattle or property. All claims for special, general, and exemplary damages were rejected.

Outcome

Suit dismissed with judgment entered in favour of the defendants

Facts

The plaintiffs, pastoralists from Masindi, moved 500 cattle to Maruzi Ranch in Apac District during the dry season in June–August 2004 with a movement permit issued by Masindi District Veterinary Officer. They claimed they obtained permission from the L.C. III Chairperson and the RDC. Local residents complained of crop destruction. After meetings involving the RDC, L.C. III Chairperson, and other officials, the pastoralists were ordered to vacate by 5 August 2004. The plaintiffs refused to leave, claiming a disease outbreak and quarantine declared by the Commissioner for Livestock Health. On 19 August 2004, the plaintiffs were arrested and their cattle ferried back to Masindi. The plaintiffs alleged destruction of property and loss of cattle. The defendants denied any loss and adduced evidence that 697 cattle were peacefully ferried to Masindi.

Issues

  1. Whether the plaintiffs' occupancy in Maruzi Ranch was legal.
  2. Whether the order of evacuation was proper under the governing laws.
  3. Whether the defendants carried out the evacuation of Maruzi Ranch.
  4. Whether the plaintiffs lost their animals and household items and equipment as pleaded.
  5. Whether the defendants are liable for the loss.
  6. What remedies are available to the parties.

Orders

  • Suit dismissed.
  • Judgment entered in favour of the defendants.
  • Costs awarded to the defendants.

Rules and key headnotes

Administrative Law — Unlawful occupation of government property — Authority to occupy
Entry onto and occupation of government land without proper authorisation from the relevant authorities is unlawful. A movement permit from one district does not constitute authority to settle in another district; permission from the receiving district is required.
Administrative Law — Animal Disease Quarantine — Procedure under Animal Disease Act
Under the Animal Disease Act, proper procedure for imposing a quarantine requires: (a) notification by the person in charge of affected animals to an administrative or veterinary officer; (b) verification by a veterinary officer; (c) a report to the Commissioner for Livestock Health and Entomology; and (d) direction by the Commissioner to impose quarantine. A quarantine imposed in reverse order without verification or notification from district officials is invalid.
Tort Law — Special Damages — Pleading and proof
Special damages must be specifically pleaded and strictly proved. A plaintiff who fails to satisfy these requirements renders the claim bad in law. Speculative or unproven claims for special damages will be rejected.
Tort Law — Exemplary Damages — Conditions for award
Exemplary damages may be awarded only where there is oppressive, arbitrary, or unconstitutional action by servants of government, or where the defendant's conduct was calculated to procure some benefit at the expense of the plaintiff. Exemplary damages are penal, not compensatory, and require proof that the plaintiff suffered as a result of punishable behaviour.
Evidence — Burden of proof in civil cases
The burden of proof in civil cases lies upon the person who asserts or alleges. A party is called upon to rebut only what has been proved by the other side. He who alleges must prove.
Civil Procedure — Pleadings — Restriction to pleadings
A party is restricted to its pleadings. Claims not specifically pleaded in the plaint cannot be advanced in written submissions or at trial without amending the plaint.

Legislation cited (2)

  • Animal Disease Act Cap 38 s.2(c)
  • Animal Disease Act Cap 38 s.3

Cases cited (5)

  • Obong and Another v Municipal Council of Kisumu [1979] EA 91
  • Rookes Vs Benard
  • Sebuliba v Co-operative Bank [1982] HCB 129
  • Inter Freight Forwarders (U) Ltd v EADB (SCCA No. 13 of 1993)
  • Kasibo Joshua v The Commissioner of Customs and URA (HCMA 844 of 2007)

Full judgment

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

Misango and Another v Attorney General and Another (HCT-00-CV-CS-0043 OF 2005) [2012] UGHC 430 (22 February 2012)
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.