Mukulira v Attorney General ((Civil Suit No. 412 of 2001)) [2004] UGHC 49 (29 September 2004);


Search Summary: 

The plaintiff brought this suit against the Attorney General in his representative capacity representing the Uganda Police for a claim of recovery of 153 heads of cattle or the equivalent in Uganda shillings at the current market price, general damages.The defendant denied the allegations and contended that the police officers involved were on frolic of their own whereupon the defendant could not be held vicariously liable for their acts.



Headnote and Holding: 

On whether the plaintiff’s cattle were unlawfully confiscated by the police officer, court concluded that the plaintiff had proved on the balance of probabilities that 160 heads of cattle were removed from his Kraal out of which only seven were recovered.


Court considered Whether the police officer was acting in the course of her employment when she confiscated the cattle and Whether the defendant was vicariously liable for the actions.

It was held that the police team was clearly in the course of their employment except that they exceeded their authority.  Therefore the  defendant was vicariously liable for the acts they did on the plaintiff’s farm:


Accordingly the suit was upheld and damages in Uganda shillings were awarded to the defendant equivalent to the confiscated cows.


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