Actions and applications

Attorney General v Sam Semanda ((Civil Appeal No.8 of 2006)) [2007] UGSC 22 (10 July 2007);

Flynote: 

Search Summary: 

This appeal arises from the decision of the
Court of Appeal which reversed the judgment
of the High Court in which he dismissed a suit
of the respondent. The background is that the
respondent filed in the high court on the
ground that the soldiers of UPDF shot his
omnibus. The trial court dismissed his claim
but succeeded on appeal which awarded him
the relief sought. It is that decision that the
appellant seeks to challenge on the grounds of

identity of the shooters.

Headnote and Holding: 

The court held that as
the respondent knew very well the route and
couldn’t have been mistaken of the identity of
the soldier since the shooting happened in
broad day light and the shooting was reported
to the next detach. The appellant was thus
vicariously liable for the shooting of the
respondent’s bus. That the evidence adduced
by the plaintiff had, on a balance of
probabilities, established the claim and it was
upon the Attorney General to adduce evidence
to challenge that of the plaintiff.

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