Wakilii

Rwakaikara Kiiza v Attorney General (Civil Suit No. 1322 of 2000)

High Court · [2001] UGHC 4 · 2001 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract heard ex parte
Decision
Plaintiff awarded general damages and costs but claim for special damages dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that the plaintiff failed to prove special damages for salary arrears with sufficient particularity, as required for special damages claims. General damages of Shs.4,000,000/= awarded for breach of contract arising from non-payment of salary during remand and delayed reinstatement after acquittal. Interest at 20% per annum from judgment date awarded.

Outcome

Plaintiff awarded general damages and costs but claim for special damages dismissed

Facts

The plaintiff, a teacher from 1960 to 1999, was arrested in July 1985 and charged with kidnapping with intent to murder under Penal Code s.235(a). He remained on remand until July 1990 when the High Court at Fort Portal acquitted him. During his five-year remand period, his salary was not paid. After acquittal and release, reinstatement was delayed and only partial salary arrears were eventually paid despite multiple pleas to the Ministry of Education. The plaintiff sued the Attorney General seeking recovery of salary arrears as special damages totalling Shs.1,773,865/=, general damages for breach of contract, interest at 50% per annum from 1985, and costs. The defendant did not appear and the matter proceeded ex parte.

Issues

  1. Whether the plaintiff is entitled to recover special damages for salary arrears not paid during his period on remand.
  2. Whether the plaintiff is entitled to general damages for breach of contract arising from non-payment of salary.

Orders

  • Special damages claim dismissed.
  • General damages of Shs.4,000,000/= awarded to the plaintiff.
  • Interest at 20% per annum on general damages from date of judgment until final payment.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Evidence — Special Damages — Proof — Standard of Proof
Special damages must be pleaded and proved with particularity and cannot be awarded on the basis of testimony alone without documentary evidence such as contemporaneous pay slips or acknowledgements demonstrating the precise quantum claimed.
Damages — Special Damages — Distinction from General Damages
While damages in tort are often at large such that compensatory damages are not restricted to actual pecuniary loss, special damages constitute a distinct category where the plaintiff must plead and prove specific pecuniary loss with exactitude.
Contract Law — Employment Contract — Breach — Non-Payment of Salary
Non-payment of salary to an employee during a period of remand followed by delayed reinstatement after acquittal constitutes breach of contract entitling the employee to general damages even where special damages cannot be proved with sufficient particularity.

Legislation cited (1)

  • Penal Code s.235(a)

Cases cited (1)

  • Estate of Shami Visram and Kurji Karsan v Shankerprasad Maganlal Bhatt & Others [1965] EA 789

Full judgment

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

Rwakaikara Kiiza v Attorney General (Civil Suit No. 1322 of 2000) [2001] UGHC 4 (27 November 2001)
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.