[2006] UGCA 45
The Court of Appeal held that parties are strictly bound by their pleadings throughout the trial process. The respondent failed to raise the issue of statutory notice as a preliminary objection at any stage before or during the trial, and only attempted to rely on it after the trial judge highlighted the defect....
Source-derived case information.
- Citation
- [2006] UGCA 45
- Parties
- Appellant: Nakirya Ssekataba and another; Respondent: Attorney General
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No. 38 of 2003
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- appeal_allowed_with_costs
- Legal Topics
- Pleadings, Statutory Notice, Unlawful Arrest, Detinue, Vicarious Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nakirya Ssekataba and another
Appellant
Attorney General
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether parties are bound by their pleadings during trial.
- 2 Whether failure to raise the issue of statutory notice at trial precludes reliance on it on appeal.
- 3 Whether the respondent is vicariously liable for the police's actions in impounding goods and unlawful arrest.
Ratio Decidendi
The Court of Appeal held that parties are strictly bound by their pleadings throughout the trial process. The respondent failed to raise the issue of statutory notice as a preliminary objection at any stage before or during the trial, and only attempted to rely on it after the trial judge highlighted the defect. This procedural lapse precluded the respondent from relying on the statutory notice issue on appeal. The court further affirmed the High Court's finding of vicarious liability on the part of the respondent for the unlawful arrest, detention, and impounding of goods by the police. The awards of general and special damages, interest, and costs were upheld. The appeal was allowed...
Court Disposition
appeal_allowed_with_costs
Orders
- Appeal allowed with costs in the Court of Appeal and the High Court.
- Awards of general and special damages, interest, and costs as ordered by the High Court are upheld.
Full Case Text
Judgment text and source record
29 paragraphs
**THE REPUBLIC OF UGANDA**
**CIVIL APPEAL NO. 38 OF 2003**
Appeal from the judgment and orders of the High Court at JINJA
(Bamwine, J.) Dated August 14, 2002 in High Court Civil Suit No. 95 of 2000)
COURT OF **APPEAL (ENGWAU, TWINOMUJUNI AND KAVUMA, JJ. A)**
**NAKIRYA SSEKATABA AND ANOTHER;;;;;;;;;;;;;;APPELLENT**
**VERSES**
**THE ATTORNEY GENERAL ;;;;;;;;;;;;;;;;;;;;; RESPONDENT**
Civil *Procedure*—*Pleadings*—*Parties to pleadings*—*Parties bound by their pleadings during trial*
*Civil Procedure*—*Pleadings—Statutory Notice—Service thereof—Effect of non-service of Monitory Notice*
The late captain Francis Mbaziira was trading under the name and style of Fanatex Enterprise. He had sued the Attorney General under the provisions of the Government proceedings Act for special and general damages for detinue and costs of the suit.
The brief facts of the case were that on or about March 4, 1999 at Bugoto landing beach in lganga District, the late Mbaziira was unlawfully arrested by the Uganda Police before being prosecuted. The case was dismissed for want of prosecution under Section 117 (1) of the Magistrate’s Courts Act. At the time of the late Mbaziira’s arrest, the police impounded his goods consisting of 100,000 kgms of a drink called “ndume” that was valued at US$100,000. The police never returned the said goods to the late Mbaziira even after the dismissal of the criminal case. As a result, the late Mbaziira suffered and continued to suffer grave financial loss and held the respondent vicariously liable.
The respondent admitted arresting and charging the late Mbaziira, but denied liability on impounded goods contending that the police were justified in their conduct and that Mbaziira must have recovered his goods. The learned trial Judge awarded Mbaziira Ug.. Shs 4,000,000/= as general damages for unlawful arrest, imprisonment and malicious I prosecution. He was also awarded Ug Shs 560,000/- as special damages as the amount he f spent for defending himself against the ill-fated criminal charges. Further, Mbaziira was I awarded interest on the above awards at the rate of 8% per annum from the date of judgment till payment in full plus costs of the suit.
Before late Mbaziira could prosecute his appeal to the end, he had died in June, 2004. By consent order under rule 96 of the Rules of this Court, both parties allowed the appellants If to be joined to this appeal in their representative capacity as the administrators of the I estate of the deceased, the late Mbaziira
.
**HELD:**
Its trite law that parties are bound by their pleadings during the trial. In this case, the respondent did not raise the question of Statutory Notice being wanting as a preliminary point of objection for determination before, during and after the trial. It was only after the Judge pointed out the alleged defect that the respondent supported himself in his submissions.
‘Appeal *allowed with costs here and in lower Court*
Dated this 8th day of September 2006
ENGWAU, JA
TWINOMUJUNI, JA
KAVUMA, JA
**Legislation considered:**
Court of Appeal Rules Directions, rules 1 (3), 96, 97 (1)
Magistrate’s Courts Act Cap 16, Section 117(1)
**Cases cited:**
David Kabunga Vs Leonin Karyeija and 2 Others, Civil Application No. 19 of 2991 (unreported)
J. K. Patel Vs Spear Motors Ltd, Supreme Court Civil Appeal No. 4 of 1991 (unreported) Jovelyn Barugahare Vs Attorney General, Supreme Court Civil Appeal No. 28 of 1993 (unreported)
Kiboro Vs Posts and Telecommunicatons Corporation [1974] EA 155 Muller Vs Minister of Pensions [1947] 2 All ER 372