Omony v Attorney General (Civil Suit No. 579 of 2016)
Observed later treatment
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Holding
The court held that under the Law Reform (Miscellaneous Provisions) Act Cap 79, the phrase 'member of the family' is limited to father, mother, son, daughter, and adopted or illegitimate children. Uncles and cousins are not envisaged members of the family and cannot file suit for the benefit of family members in that capacity unless they are executors or administrators of the deceased's estate. The plaintiff, being an uncle or cousin without being an executor or administrator, lacked locus standi. The suit was dismissed.
Outcome
Suit dismissed for lack of locus standi
Facts
On 2 November 2014, Oyet Charles was shot dead by ASP Mugabi Ronald, the then DPC at Kireka Police Station. The plaintiff, Omony Charles, brought suit under the Law Reform (Miscellaneous Provisions) Act Cap 79 against the Attorney General for loss of dependency, loss of expectation of life, and bereavement, seeking general damages, punitive and exemplary damages, interest, and costs. The plaintiff described himself as an uncle to the deceased in the plaint but stated in his witness statement that the deceased was his cousin brother. The plaintiff presented three witnesses. At the close of the plaintiff's case, the defendant did not present any witnesses but raised a preliminary objection that the plaintiff lacked locus standi to file the suit.
Issues
- Whether the plaintiff had locus standi to file a suit under the Law Reform (Miscellaneous Provisions) Act Cap 79 as an uncle or cousin of the deceased without being an executor or administrator of the deceased's estate.
Orders
- Preliminary objection upheld.
- Suit dismissed from court.
- Each party to bear its own costs.
Rules and key headnotes
Legislation cited (4)
Cases cited (1)
- Kailash Mine Limited v B4S Highstone Limited (High Court Civil Suit No. 139 of 2012)
Cases citing this judgment (2)
How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.