Wakilii

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

High Court · [2018] UGHCCD 297 · 2018 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Summary suit seeking damages arising from motor vehicle accident
Decision
Judgment entered in favour of plaintiffs with damages, interest, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court found the defendant liable for causing a motor vehicle accident, relying on findings from a prior criminal trial where the defendant was identified as the party at fault. The court awarded special damages of UGX 45,468,840 for repair costs, lost paint materials, and rental charges. General damages of UGX 10,000,000 were awarded for inconvenience. Exemplary damages were refused on grounds that the defendant had already been penalised UGX 2,000,000 in costs during the criminal proceedings.

Outcome

Judgment entered in favour of plaintiffs with damages, interest, and costs

Facts

On 4 February 2016, the 2nd plaintiff was driving motor vehicle UAP 817VV when it collided with the defendant's motor vehicle UAV 686F along Lugogo bypass, Kampala. The 2nd plaintiff was subsequently charged with reckless driving in KCCA Court (Criminal Case No. 18 of 2016) but was acquitted. In that criminal trial, a traffic officer testified that the defendant knocked the plaintiff's vehicle at a black spot and that the defendant should have yielded right of way. The defendant admitted in court to driving without a valid driving permit. The plaintiffs' vehicle sustained damage requiring repair. The 1st plaintiff is a company and the 2nd plaintiff is its director. The plaintiffs hired a replacement vehicle during repairs. Paint materials belonging to the plaintiffs were also lost in the accident.

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

  • Judgment for the plaintiffs.
  • Special damages awarded: UGX 20,000,000 for repair costs.
  • Special damages awarded: UGX 2,968,840 for paint material lost.
  • Special damages awarded: UGX 22,500,000 for rental car charges.
  • General damages awarded: UGX 10,000,000 for inconvenience.
  • Exemplary damages refused.
  • Interest awarded at 20% per annum from date of filing suit until payment in full.
  • Costs awarded to the plaintiffs.

Rules and key headnotes

Evidence — Prior Criminal Proceedings — Use of Findings in Civil Suit
Where a party has been prosecuted and acquitted in criminal proceedings arising from the same incident, findings of fact made by the criminal court as to the cause of the incident are admissible and may be relied upon as satisfactory evidence in subsequent civil proceedings between the same parties.
Tort Law — Negligence — Unlicensed Driver — Evidential Value
Admission by a defendant in a civil suit that he was driving without a valid driving permit contrary to section 35 of the Traffic and Road Safety Act constitutes evidence of illegality and may be taken into account in determining liability for an accident, even where no criminal charges were brought for the unlicensed driving.
Damages & Quantum — Special Damages — Standard of Proof — Oral Evidence
Special damages must be specifically pleaded and strictly proved. While documentary evidence is not mandatory, oral evidence in proof of special damages must nevertheless be cogent. Where invoices are tendered without receipts proving actual payment and the evidence is inconsistent, the court may award a reduced sum based on photographic evidence of damage and current market values.
Damages & Quantum — General Damages — Compensatory Nature
General damages are compensatory in nature and are awarded to fairly compensate the aggrieved party for inconveniences accrued as a result of the actions of the defendant, with the aim of putting the plaintiff back in the same position as he would have been had the offending act not happened.
Damages & Quantum — Exemplary Damages — Refusal Where Prior Punishment Imposed
Exemplary damages will not be awarded where the defendant has already been punished for the same conduct in prior criminal proceedings. Where a criminal court has already imposed a substantial costs order against the defendant as punishment for providing falsehoods leading to the prosecution of the plaintiff, this is sufficient punishment and exemplary damages in subsequent civil proceedings are refused.

Legislation cited (1)

Cases cited (11)

  • Rosemary Nalwadda v Uganda AIDS Commission (High Court Civil Suit No. 67 of 2011)
  • Gapco (U) Ltd v Transporters Ltd (2009) HCB 6
  • Mugabi John v Attorney General (Civil Suit No. 133 of 2002)
  • W.M Kyambadde v MPIGI District Administration
  • Bonham Carter v Hyde Park Hotel Ltd (1984)
  • Byekwaso v Mohammed [1973] HCD 20
  • Kayonza Distributors v Attorney General (High Court Civil Suit 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 (Supreme Court Civil Appeal 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) [2018] UGHCCD 297 (20 December 2018)
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.