Wakilii

Twagira v Attorney General & Anor (HCT-00-CV-CS-0836 of 2006)

High Court · [2012] UGHCCD 291 · 2012 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objections raised by the 2nd defendant at the commencement of hearing in a civil suit for malicious prosecution
Decision
Preliminary objections dismissed; matter to proceed to trial on the merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed preliminary objections raised by the 2nd defendant. The suit was not barred by res judicata because the earlier suit (Civil Suit No. 0013 of 2002) was premature — the cause of action for malicious prosecution arose only after the criminal proceedings were discontinued. The suit disclosed a cause of action against the 2nd defendant insofar as it alleged he exceeded the scope of his duties as a police officer.

Outcome

Preliminary objections dismissed; matter to proceed to trial on the merits

Facts

The plaintiff brought a civil suit for malicious prosecution against the Attorney General and Samuel Kyomukama (a police officer), seeking general damages, punitive damages, special damages, interest and costs. The plaintiff alleged that the defendants prosecuted him without reasonable and probable cause, causing him embarrassment, ridicule, emotional trauma and financial loss. At the commencement of hearing, the 2nd defendant raised two preliminary objections: (a) that the suit was res judicata because the plaintiff had earlier filed Civil Suit No. 0013 of 2002 on the same subject matter; and (b) that the suit disclosed no cause of action because the 2nd defendant had acted in his official capacity as a police officer.

Issues

  1. Whether the suit is barred by the principle of res judicata.
  2. Whether the suit discloses a cause of action against the 2nd defendant.

Orders

  • Preliminary objections disallowed.
  • Costs in the cause.

Rules and key headnotes

Res Judicata — Malicious Prosecution — Premature Suits
A suit for malicious prosecution is premature if filed before the criminal proceedings have concluded. The cause of action for malicious prosecution arises only after the prosecution has been terminated. A subsequent suit filed after termination of the criminal proceedings is not barred by res judicata merely because an earlier premature suit on the same subject matter was dismissed.
Res Judicata — Section 7 Civil Procedure Act — Test for Application
Under section 7 of the Civil Procedure Act, a suit is barred by res judicata where the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties before a competent court and has been heard and finally decided. The test is whether the plaintiff is trying to bring before the court in another form a transaction that has already been adjudicated upon.
Cause of Action — Definition and Elements
A cause of action comprises the rights allegedly violated by the defendant and the loss suffered by the plaintiff as a result. A plaint discloses a cause of action where it sets out the plaintiff's rights that were allegedly violated by the defendant, causing loss to the plaintiff.
Malicious Prosecution — Personal Liability of Public Officers
A police officer may be sued in his personal capacity for malicious prosecution if there is a possibility that he acted beyond the scope of his duties. A suit discloses a cause of action against a police officer where it alleges that the officer exceeded the scope of his duties in preferring criminal charges, and the plaintiff must be given the opportunity to lead evidence to prove such excess or malice.
Vicarious Liability — Scope of Employment
An employer is vicariously liable for acts done by an employee in the course of employment, even if the act was done contrary to the employer's orders or was done deliberately, wantonly, negligently, criminally or for the employee's own benefit, provided the act is a manner of carrying out what the employee was employed to do.

Legislation cited (3)

Cases cited (4)

  • Posiyano Semakula v Susane Magala [1979] HCB 90
  • Charles Harry Twagira v Ag. DPP and Kyomukama (Civil Appeal No. 4 of 2007)
  • Muwonge v Attorney General [1977] EA 17
  • Auto Garage v Motokov (1971) EA 514

Full judgment

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

Twagira v Attorney General & Anor (HCT-00-CV-CS-0836 of 2006) [2012] UGHCCD 291 (19 April 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.