Wakilii

Munyanganizi v Attorney General (Civil Suit NO. 659 of 1996)

High Court · [2002] UGHC 80 · 2002 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil suit for damages arising from malicious prosecution. Defence struck out for non-compliance with discovery order; hearing proceeded ex parte.
Decision
Plaintiff's claim for malicious prosecution succeeded. Damages and costs awarded in plaintiff's favour.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the plaintiff established all four ingredients for malicious prosecution: the defendant instituted the proceedings; acted without reasonable and probable cause having failed to investigate or take statements from the plaintiff before prosecution; acted maliciously by instituting a second criminal case while the first was ongoing without proper investigation; and the proceedings terminated in the plaintiff's acquittal. Special damages of UGX 3,324,600, general damages of UGX 50,000,000, and exemplary damages of UGX 10,000,000 awarded.

Outcome

Plaintiff's claim for malicious prosecution succeeded. Damages and costs awarded in plaintiff's favour.

Facts

The plaintiff, Henry Munyanganizi, was a senior government officer who rose to the rank of Commissioner for Immigration. On 1 August 1991, he was sent on forced leave in connection with irregularities in processing an entry permit. He was prosecuted in Criminal Case U 915/91 (concluded November 1993 in his favour) and Criminal Case U 177/93 charging abuse of office under section 83(1) of the Penal Code concerning issuance of a work permit. Criminal Case U 177/93 was instituted in March 1993 while the first case was still ongoing. The plaintiff was never interrogated or asked to provide a statement regarding the allegations. He was acquitted under section 125 of the Magistrates' Courts Act on 18 July 1995 after the court found no prima facie case. He was retired in the public interest in January 1995. The plaintiff filed suit in July 1996 seeking damages for malicious prosecution. The defendant's defence was struck out for non-compliance with discovery orders and the hearing proceeded ex parte.

Issues

  1. Whether the prosecution of the plaintiff was malicious?
  2. To what reliefs, if any, is the plaintiff entitled?

Orders

  • Judgment entered for the plaintiff.
  • Special damages of UGX 3,324,600 awarded.
  • General damages of UGX 50,000,000 awarded.
  • Exemplary damages of UGX 10,000,000 awarded.
  • Interest of 20% per annum on all damages awarded from date of judgment until full realization.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Malicious Prosecution — Elements Required for Success
For an action for malicious prosecution to succeed, the plaintiff must prove on the balance of probabilities: (i) that it was the defendant who instituted and continued the proceedings; (ii) that the defendant acted without reasonable and probable cause; (iii) that the defendant acted maliciously; and (iv) that the proceedings terminated in favour of the plaintiff.
Malicious Prosecution — Reasonable and Probable Cause — Need for Investigation
Reasonable and probable cause depends upon the information and belief of the defendant. In order to have reasonable and probable cause attend the act of prosecution, the defendant must gather the pertinent facts and information first and weigh their probity. Where a senior officer was prosecuted without being interrogated or asked to explain the allegations, and no statement was taken from him, there was no reasonable and probable cause.
Malicious Prosecution — Malice — Meaning and Proof
In the tort of malicious prosecution, malice is lack of probable cause accompanied by zeal to accomplish the task at any cost. The term 'malice' is not to be considered in the sense of spite or hatred but as being actuated by improper and indirect motives. The institution of a second criminal case against a senior officer while a first case on similar facts was making no headway, without taking any statement from the officer, constitutes malice.
Limitation of Actions — Time Bar — Amendment of Pleadings
Claims relating to events that were already time-barred when the original plaint was filed cannot be introduced by way of late amendment to the pleadings. An amendment that seeks to be a back-door entry for claims that are no longer good currency will not be permitted.
Special Damages — Pleading and Proof
Special damages must be specifically pleaded and specifically proved. While proof of special damages need not always be supported by documentary evidence in all cases, where the amount claimed vastly exceeds the amount supported by receipts, the excess cannot merely be wished in without proper proof.
Exemplary Damages — When Awarded in Tort
Exemplary damages for tort may be awarded first where there is oppressive, arbitrary or unconstitutional action by the servant of the government and, secondly, where the defendant's conduct was calculated to procure him some benefit at the expense of the plaintiff. The punishment imposed must not exceed what would likely have been imposed in criminal proceedings if the conduct were criminal, and the means of the parties and everything which aggravates or mitigates the defendant's conduct is to be taken into account.

Legislation cited (4)

Cases cited (9)

  • Epaineto v Uganda Commercial Bank [1972] EA 185
  • Iga v Makerere University [1972] EA 65
  • Kagane & Others v Attorney General & Another [1969] EA 643
  • Eletu v Uganda Airlines Corporation [1984] HCB 39
  • Masene v Uganda Transport Co. [1992-1993] HCB 209
  • Amos Senyakazana v Attorney General [1984] HCB 48
  • Obongo v Municipal Council of Kisumu [1971] EA 94
  • Rookes v Barnard & Others [1964] AC 1129
  • Robert Cuossens v Attorney General (Civil Appeal No. 8 of 1999)

Full judgment

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

Munyanganizi v Attorney General (Civil Suit NO. 659 of 1996) [2002] UGHC 80 (1 March 2002)
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.