Wakilii

Naguja v Attorney General (Civil Suit No.376 of 2002)

High Court · [2012] UGHC 138 · 2012 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages arising from police misconduct and wrongful death
Decision
Plaintiff awarded special and general damages totaling Shs.151,550,000 with 8% interest per annum from judgment date until payment in full

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the Attorney General was vicariously liable for the actions of police officers who misappropriated the plaintiff's husband's vehicle while it was held as an exhibit, and for the unlawful re-arrest and death of the husband when he sought to reclaim the vehicle. The court applied the principle that an employer is liable for the acts of employees acting within the course of employment, even if the acts are wrongful or unauthorized. Damages totaling Shs.151,550,000 were awarded for the vehicle misappropriation and loss of dependency.

Outcome

Plaintiff awarded special and general damages totaling Shs.151,550,000 with 8% interest per annum from judgment date until payment in full

Facts

On 26 November 1994, the plaintiff and her husband Umaru Bisaso were arrested and charged with murder. Police officers Buyinza and Obbo retained Bisaso's motor vehicle UXO 967 as an exhibit. The plaintiff and Bisaso were detained until 23 June 1997 when the murder charge was dismissed. Upon release, Bisaso attempted to reclaim his vehicle from Central Police Station Kampala. He was told to return after one week. On his second visit on 5 February 1997, he did not return home. The plaintiff later found his body at Mulago Hospital mortuary bearing head wounds and bruises. Investigation revealed the vehicle had been fraudulently auctioned as unclaimed property before the murder case concluded. The postmortem record was registered under a false name to conceal Bisaso's death.

Issues

  1. Whether the Defendant is vicariously liable for the misappropriation of the deceased's motor vehicle registration number UXO 967.
  2. Whether the Defendant is vicariously liable for the re-arrest and subsequent death of the late Umaru Bisaso.
  3. What remedies are available.

Orders

  • Judgment entered for the Plaintiff.
  • Special damages of Shs.5,950,000 awarded.
  • General damages for unlawful death and loss of dependency of Shs.145,600,000 awarded, subject to taxation.
  • Interest at 8% per annum on special and general damages from date of judgment until payment in full.
  • Costs of the suit awarded to the Plaintiff.

Rules and key headnotes

Vicarious Liability — Employer Liability for Employees Acting Within Course of Employment
An employer is vicariously liable for the acts of employees or agents acting within the scope of their employment or in the course of the employer's business, whether those acts are for the benefit of the employer or the employee, and even if the acts are done contrary to orders, or wantonly, negligently, or criminally, provided the acts are a manner of carrying out what the employee was employed to do.
Police Powers — Seizure and Retention of Property — Duty to Record
Where police seize property as an exhibit, the Police Act s.29 requires the police officer responsible for the seizure to record the fact and description of the property in duplicate and cause the record to be signed by the officer and the owner, with a copy retained by the owner. Failure to maintain proper records of seized property supports a finding of misappropriation.
Vicarious Liability — Government Liability Under Government Proceedings Act
Under the Government Proceedings Act Cap.72 s.10, the government is vicariously liable for wrongful acts of its servants acting in the course of their employment, including unlawful conduct by police officers resulting in death and property misappropriation.
Special Damages — Proof by Oral Evidence
While special damages must be strictly proved, cogent oral evidence can be used to establish such claims. It would be unjust to deprive a plaintiff of special damages for failure to adduce documentary evidence where the plaintiff was maliciously charged, detained, and deprived of control over personal belongings.
Loss of Dependency — Multiplier Method for Assessment
In assessing damages for loss of dependency, the court must determine the deceased's lost earnings as the starting point, identify the pecuniary benefit regularly accruing to dependants, determine the appropriate multiplier based on the deceased's age and working life expectancy, multiply the annual lost benefit by the multiplier to obtain total lost dependency, and apportion damages among dependants with larger shares to the spouse and younger children who would have depended longer on the deceased.
Interest on Damages — Discretion of Court
Under the Civil Procedure Act s.26(2), the court has discretion to order interest at such rate as it deems reasonable on the principal sum adjudged from the date of judgment to the date of payment or such earlier date as the court thinks fit.

Legislation cited (5)

Cases cited (8)

  • Mayanja v Hoima Cotton Co. Ltd (7 ULR 64)
  • Muwonge v Attorney General of Uganda [1967] EA 17
  • Patel v Tandree [1936] KLR 8
  • Piovano v Attorney General of Uganda (Civil Case No.373 of 1963)
  • A. B Sindano v Ankole District Administration (Civil Suit No.463 of 1969)
  • Gapco (U) Ltd v A. S Transporters Limited (Supreme Court Civil Appeal No.7 of 2007)
  • Magezi Raphael v Attorney General (High Court Civil Suit No.997 of 2000)
  • Saulo Mawanda Sempa and 3 Others v Attorney General (Civil Suit Nos.1330, 1332, 1331, 1294 of 1998)

Full judgment

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

Naguja v Attorney General (Civil Suit No.376 of 2002) [2012] UGHC 138 (18 December 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.