Wakilii

Omari and Another v Hon. Adoa and 5 Others (Civil Suit 734 of 2021)

High Court · [2024] UGHCCD 155 · 2024 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of impounded fish, damages for conversion, and breach of constitutional property rights
Decision
Plaintiffs' claim dismissed; defendants found to have acted lawfully in impounding and disposing of immature fish contraband under court order

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Holding

The High Court dismissed the plaintiffs' claim for recovery of fish and damages. The court held that the plaint disclosed no cause of action against the 6th defendant (URA). The impoundment and disposal of immature fish by Fisheries Department officials under a magistrate's court order was lawful under the Fish Act. The plaintiffs' evidence contained grave contradictions and inconsistencies, rendering it unbelievable. The claim for UGX 800,000,000 allegedly in the trucks was rejected as incredible and unsupported. The suit was found to be frivolous, vexatious, and an abuse of process.

Outcome

Plaintiffs' claim dismissed; defendants found to have acted lawfully in impounding and disposing of immature fish contraband under court order

Facts

The plaintiffs claimed to be licensed fish exporters transporting fish from Kenya to DR Congo through Uganda in four trucks. On 11 October 2021, Fisheries Department officials impounded the vehicles at Mpondwe border on grounds the fish was immature and from Ugandan waters, contrary to the Fish Act. The trucks were driven to Entebbe. On 13 October 2021, the 4th defendant obtained a magistrate's court order to open and dispose of the fish. The fish was verified as immature (6–11 inches below legal length). The plaintiffs attempted unsuccessfully to set aside the order. The fish was disposed of pursuant to the court order. The plaintiffs filed this suit alleging unlawful conversion, breach of duty by URA, and claiming recovery of fish valued at UGX 2.772 billion and UGX 800 million cash allegedly in the trucks. Truck drivers had abandoned the vehicles and disappeared with documentation. Multiple persons claimed ownership of the consignment at different times.

Issues

  1. Whether the plaint discloses a cause of action against the 6th defendant (Uganda Revenue Authority)?
  2. Whether the 1st-4th defendants' act of impounding and disposing off the plaintiffs' fish contained in motor vehicles UBH 606P, UAF 813L, UBA 893G & UBE 894Z was lawful?
  3. Whether the 6th defendant breached its duty of care owed to the plaintiffs' property contained in the motor vehicles?
  4. Whether UGX 800,000,000 was stolen from the impounded trucks?
  5. Whether the suit was frivolous and vexatious or an abuse of court process?

Orders

  • Suit dismissed.
  • Costs awarded to the defendants.

Rules and key headnotes

Civil Procedure — Cause of Action — Elements Required to Disclose Cause of Action
To disclose a cause of action, the plaint must show that the plaintiff enjoyed a right, that the right was violated, and that the defendant is liable for the violation. Where any of these essentials is missing, no cause of action has been shown and the plaint must be rejected under Order 7 Rule 11 of the Civil Procedure Rules.
Administrative Law — Fisheries Regulation — Power to Seize and Dispose of Immature Fish
Under section 30(c) of the Fish Act Cap 197, an authorized fisheries officer may seize fish reasonably believed to have been caught or possessed in contravention of the Act or its rules. Such seized fish shall be sold in such manner as the authorized officer thinks fit and the proceeds paid into court. Disposal of immature fish pursuant to a court order obtained under the Act is lawful.
Evidence — Credibility of Witnesses — Effect of Contradictions and Inconsistencies
Grave inconsistencies and contradictions in a witness's evidence, unless satisfactorily explained, will usually result in that evidence being rejected. The court must test veracity by reference to objective facts proved independently of testimony, the documents in the case, witnesses' motives, and the overall probabilities.
Civil Procedure — Frivolous and Vexatious Suits — Abuse of Court Process
A suit is frivolous where it lacks seriousness, validity, or legitimacy. It is vexatious where the party does not act bona fide and merely wishes to annoy or embarrass the opponent, or where the action is not calculated to lead to any practical result. A court will strike out or dismiss such claims as an abuse of the court's process.
Administrative Law — Goods in Transit — Application of Domestic Fisheries Laws
Fish consignments in transit through Uganda are subject to Ugandan fisheries laws where the fish is found to be immature or from Ugandan waters in contravention of the Fish Act and its regulations. The claim that goods are in transit does not exempt them from seizure where they constitute prohibited or restricted goods under domestic law.

Legislation cited (15)

Cases cited (14)

  • Nantume Annet Nyinimusingo and Another v Ibrahim M Bachu and Another (High Court Civil Suit No. 375 of 2018)
  • Tororo Cement Co Ltd v Frokina International Ltd (Supreme Court Civil Appeal No. 2 of 2001)
  • Auto Garage v Motokov (No.3) [1971] EA 514
  • Ismail Serugo v Kampala City Council and Another (Supreme Court Constitutional Appeal No. 2 of 1998)
  • Cottar v Attorney General for Kenya 193 AC p. 18
  • Wycliffe Kiggundu v Attorney General (Supreme Court Civil Appeal No. 27 of 1992)
  • Ahmed Adel Abdallah v Sheikh Hamad Isa and Ali Khalifa (2019) EWHC 27
  • Armagas Ltd v Mundoga SA (The Ocean Frost) (1985) 1 Lloyd's Report. 1.57
  • Ojara Samuel and 6 Others v Bwomi Sezi (High Court Civil Appeal No. 02 of 2016)
  • Ndungo Seti and 2 Others v Sekiziyivu Sammy Jones and Another (High Court Civil Suit No. 286 of 2011)
  • Re Singapore Souvenir Industry (Pte) Ltd [1985-1986] SLR(R) 161
  • Lehman Brothers Special Financing Inc v Hartadi Angkosubroto [1998] 3 SLR(R) 664
  • Goh Koon Suan v Heng Gek Kiau [1990] SLR(R) 750
  • Monday Ali & Violet Adhiambo Ooko v Mugabi Innocent Miscellaneous Application No. 130 of 2021

Full judgment

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Omari and Another v Hon. Adoa and 5 Others (Civil Suit 734 of 2021) [2024] UGHCCD 155 (11 October 2024)
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.