[2017] UGHCCRD 412

[2017] UGHCCRD 412

The court found that the plaintiff failed to prove that either defendant initiated or was instrumental in instituting the criminal proceedings maliciously or without reasonable and probable cause. The evidence did not establish that any employee of the second defendant maliciously provided information to the...

Source-derived case information.

Citation
[2017] UGHCCRD 412
Parties
Plaintiff: Oketch Oloya Peter; Defendant: Attorney General; Defendant: Nebbi District Local Administration
Court
HC: Criminal Division (Uganda)
Jurisdiction
Uganda
Judgment Date
10 August 2017
Case Number
Civil Suit No. 0007 of 2012
Procedural Posture
Civil Suit / Judgment
Outcome
suit dismissed with costs to the defendants
Judges
Stephen Mubiru, J
Legal Topics
Malicious Prosecution, Vicarious Liability, Reasonable and Probable Cause, Public Officer Liability
Source Language
english
Tort Law Civil Procedure Malicious Prosecution Vicarious Liability Reasonable and Probable Cause Public Officer Liability

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Parties

Oketch Oloya Peter

Plaintiff

Attorney General

Defendant

Nebbi District Local Administration

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether any of the defendants maliciously prosecuted the plaintiff.
  2. 2 Whether the plaintiff is entitled to any remedy.

Ratio Decidendi

The court found that the plaintiff failed to prove that either defendant initiated or was instrumental in instituting the criminal proceedings maliciously or without reasonable and probable cause. The evidence did not establish that any employee of the second defendant maliciously provided information to the Inspectorate of Government, nor was there proof of vicarious liability. The Inspectorate of Government, acting on the findings of the Public Accounts Committee, had reasonable grounds to investigate and prosecute the plaintiff. The prosecution was based on an honest belief in the plaintiff's probable guilt, supported by the circumstances surrounding the questioned payment and the...

Court Disposition

suit dismissed with costs to the defendants

Orders

  • The suit is dismissed with costs to the defendants.