Wakilii

City Trek Limited and Mohan Musisi Kiwanuka v Batungwa Frank Tumusiime (Civil Suit No. 160 of 2016)

High Court · [2016] UGHCCD 150 · 2016 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Summary suit for damages arising from motor vehicle accident
Decision
Judgment entered for the plaintiffs with damages and costs awarded

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the defendant caused the accident, as determined by the magistrate's ruling in the related criminal trial and by the defendant's admission of driving without a valid licence. The plaintiffs were awarded special damages of UGX 45,468,840 for repair costs, lost paint materials, and car rental charges, and general damages of UGX 10,000,000 for inconvenience. Exemplary damages were refused because the defendant had already been punished by a costs award in the criminal proceedings. Interest awarded at 20% per annum from the date of filing until payment in full.

Outcome

Judgment entered for the plaintiffs with damages and costs awarded

Facts

The 2nd plaintiff was driving motor vehicle UAP 817W when he was involved in an accident with the defendant, who was driving motor vehicle UAV 686F, along Lugogo bypass, Kampala on 4 February 2016. The 2nd plaintiff was subsequently charged with reckless driving in Criminal Case No. 18 of 2016 at KCCA court, where he was acquitted. The trial magistrate in that case found that the defendant, though on the highway, should have given way to the 2nd plaintiff since most of the 2nd plaintiff's car had entered the road, and that the defendant knocked the 2nd plaintiff's vehicle. The defendant was also found to have been driving without a valid driving licence, contrary to section 35 of the Traffic and Road Safety Act. The plaintiffs' vehicle was damaged and required repairs. Paint materials owned by the 1st plaintiff were lost in the accident. The plaintiffs incurred car rental charges while their vehicle was being repaired.

Issues

  1. Whether the defendant caused the accident.
  2. Whether the plaintiffs are entitled to damages.
  3. What remedies are available to the parties.

Orders

  • The plaintiff is awarded UGX 20,000,000 as repair costs.
  • The plaintiff is awarded UGX 2,968,840 being plaintiff's paint material lost during the accident.
  • The plaintiff is awarded UGX 22,500,000 arising from rental car charges of vehicle No. UAD 333M from 5th February 2016 to June 2016.
  • The plaintiff is awarded UGX 10,000,000 as general damages.
  • Exemplary damages are refused.
  • The plaintiff is awarded costs.
  • The plaintiff is awarded interest on the sum awarded at a rate of 20% from the date of filing this suit until payment in full.

Rules and key headnotes

Negligence — Motor Vehicle Accidents — Findings in Related Criminal Proceedings
A magistrate's finding of liability in a related criminal trial is satisfactory evidence that the defendant caused the accident in subsequent civil proceedings for damages arising from the same accident.
Negligence — Motor Vehicle Accidents — Driving Without Valid Licence
A defendant who admits in court to having been driving a motor vehicle without a valid driving licence contrary to section 35 of the Traffic and Road Safety Act is liable for an accident caused while driving unlawfully.
Special Damages — Proof — Oral Evidence
Special damages must be specifically pleaded and strictly proved, but acceptable oral evidence in proof thereof may suffice if cogent, even without documentary evidence, where there is sufficient proof of the loss actually sustained which is a direct consequence of the defendant's action.
Special Damages — Assessment — Inadequate Invoice
Where an invoice tendered as evidence does not break down the amounts to total the figure sought, the court may award a reduced amount based on photographs showing the extent of damage and the current market value of materials needed for repairs.
General Damages — Compensatory Principle
General damages are compensatory in nature and are awarded to put the aggrieved party back in the same position as he would have been had the offending act not happened, fairly compensating for inconveniences accrued as a result of the defendant's actions.
Exemplary Damages — Prior Punishment in Criminal Proceedings
Exemplary damages will not be awarded where the defendant has already been punished by a costs award in related criminal proceedings for the same punishable behaviour that gave rise to the civil claim.

Legislation cited (1)

Cases cited (11)

  • Rosemary Nalwadda v Uganda AIDS Commission (HCCS No. 67 of 2011)
  • Gapco (U) Ltd v Transporters Ltd (2009) HCB 6
  • W.M Kyambadde v MPIGI District Administration
  • Bonham Carter v Hyde Park Hotel Ltd (1984)
  • Byekwaso v Mohammed [1973] HCD 20
  • Mugabi John v Attorney General (CS No. 133 of 2002)
  • Kayonza Distributors v Attorney General (HCCS No. 211 of 2008)
  • Butterworth v Butterworth & Engelfield (1920) p.126
  • Rookes v Bernard
  • Visram & Karsan v Bhatt [1965] EA 78
  • Fredrick Zabwe v Orient Bank Ltd (SCCA No. 4 of 2006)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

City Trek Limited and Mohan Musisi Kiwanuka v Batungwa Frank Tumusiime (Civil Suit No. 160 of 2016) [2016] UGHCCD 150 (20 December 2016)
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.