Barnabas Ntimba v Uganda Electricity Board [1993] UGSC 5

Supreme Court · 1993 Appeal Allowed ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Appeal to the Supreme Court against the quantum of general damages awarded by the High Court in a personal injury claim

Decision

Appeal allowed; general damages increased to shs 18,000,000 and total judgment entered for shs 29,856,000

The full judgment

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Holding

The Supreme Court held that the trial judge's award of shs 9,000,000 as general damages for pain, suffering and loss of amenities was inordinately low given the catastrophic and permanent nature of the appellant's injuries, which left him 80% disabled, wheelchair-bound and wholly dependent on his wife for the rest of his life. Judging from comparable awards, the court increased the general damages to shs 18,000,000, reasoning that such a sum, if wisely invested, would generate income to meet the appellant's continuing care needs. The unopposed award of shs 11,856,000 for loss of future earnings stood, so judgment was entered for a total of shs 29,856,000.

Facts

The appellant was seriously injured while working for the Uganda Electricity Board, which was found liable in the High Court; that finding of liability was not appealed. The injuries were catastrophic: he lost the sight of his right eye and could see only dimly with the left, his right leg was amputated above the knee, his right hand was weakened so he could not write, and he suffered extensive burns to the scalp and shoulder requiring skin grafts. Two doctors assessed his disability at 80%. Aged 37 and in the prime of life, he was confined to a wheelchair, unable to dress, bathe or use the toilet without help, and wholly dependent on his wife, who did no other work. Medical evidence indicated a poor life expectancy and a need for continuing treatment and care for the rest of his life. The trial judge awarded shs 9,000,000 in general damages and shs 11,856,000 for loss of future earnings.

Issues

Whether the trial court's award of shs 9,000,000 as general damages for pain, suffering and loss of amenities was inordinately low and ought to be increased.

Orders

Appeal allowed.
Judgment of the trial judge varied by awarding the appellant shs 18,000,000 as general damages.
Judgment entered for shs 29,856,000.
Costs of the appeal to the appellant.

Key headnotes

Damages & Quantum — General Damages — Appellate Interference with Quantum

An appellate court will interfere with and increase a trial court's award of general damages where the sum awarded is inordinately low relative to the gravity of the injuries and comparable awards.

Damages & Quantum — Personal Injury — Catastrophic Injury and Lifelong Dependency

In assessing general damages for catastrophic personal injury that leaves a claimant permanently disabled and wholly dependent on others for life, the award should be sufficient that, if wisely invested, its income would help meet the claimant's continuing care needs.

Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.