...Bribery is an evil practice which threatens the foundations of any civilised society. In particular, bribery of policemen and prosecutors brings the administration of justice into disrepute. Where bribes are accepted by a trustee, servant, agent or other fiduciary, loss and damage are caused to the beneficiaries, master or principal whose interests have been betrayed. The amount of loss or damage resulting from the acceptance of a bribe mayor may not be quantifiable.[...] Attorney General for Hong Kong v Reid [1994] 1 AC 324] Reading this decision has made wonder how Ugandas judicial activism can be stretched to subject the monies stolen from taxpayers to a constructive trust, such that even the profits got from such an illegality do not benefit the thief but the tax payer in the end? #SoManyQuestions #UgandaAt52 If the property increases in value, the fiduciary is not entitled to any surplus in excess of the initial value of the bribe because he is not allowed by any means to make a profit out of a breach of duty.
Posted on: Fri, 10 Oct 2014 21:02:16 +0000