Wakilii

Desanje & Another v V.G Keshwala & Sons Limited (Civil Suit 113 of 2020)

High Court · [2025] UGHCCD 34 · 2025 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for wrongful death and damages arising from a fatal road traffic accident
Decision
Judgment entered for the plaintiffs with declaration of the defendant's vicarious liability for negligence causing wrongful death

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the defendant was vicariously liable for the negligent driving of its employee who caused the death of the deceased in a road traffic accident. The defendant's driver owed a duty of care to the deceased, breached that duty by driving negligently, and caused the deceased's death. The insurance company's discharge voucher was voidable because the plaintiffs were illiterate persons who signed documents without proper compliance with the Illiterates Protection Act. The court awarded general damages of UGX 50,000,000 to the plaintiffs and granted costs of the suit.

Outcome

Judgment entered for the plaintiffs with declaration of the defendant's vicarious liability for negligence causing wrongful death

Facts

On 22 April 2018, a trailer operated by the defendant's driver collided with a motorcycle operated by the deceased, Kabugo Anthony, causing his immediate death. The deceased was on his way to work at Kalerwe abattoir where he operated a butcher's business and also hired out his motorcycle. The defendant initially contributed UGX 1,500,000 towards burial expenses and later paid UGX 8,000,000 through its insurance company. The plaintiffs, who are the deceased's widow and mother, signed a discharge voucher releasing the insurance company from further liability. The plaintiffs were illiterate persons who could not read or understand English and believed they were receiving condolence money. The deceased was the sole breadwinner for his family comprising his widow, elderly mother, three biological children, and three dependent relatives.

Issues

  1. Whether the defendants are liable to compensate the plaintiffs under the Law Reform (Miscellaneous Provisions) Act Cap 79.
  2. Whether the insurance company fully discharged all liability to the plaintiffs in accordance with the law.
  3. What remedies are available to the parties?

Orders

  • Judgment entered in favor of the plaintiffs.
  • Declaration that the death of the deceased was caused by the negligence of the defendant's employee.
  • The defendant is vicariously liable for the acts of her agent.
  • The plaintiffs are awarded general damages of fifty million shillings (UGX 50,000,000).
  • The plaintiffs are granted costs of the suit.

Rules and key headnotes

Negligence — Elements — Duty of Care, Breach and Causation
To establish negligence, a plaintiff must prove three elements: (a) the defendant owed the plaintiff a duty of care; (b) the defendant breached that duty of care; and (c) the plaintiff suffered damage as a result of the breach of that duty by the defendant.
Wrongful Death — Statutory Basis — Law Reform (Miscellaneous Provisions) Act
A claim for wrongful death lies under Section 5 of the Law Reform (Miscellaneous Provisions) Act where the death of any person is caused by any wrongful act, neglect or default of any person, and the act, neglect or default is such as would, if death had not ensued, have entitled the person injured to maintain an action and recover damages.
Vicarious Liability — Employer Liability for Employee Negligence
Employers can be held vicariously liable for the negligence of their drivers if the driver was acting within the scope of their employment at the time of the negligent act.
Illiterate Persons — Protection Requirements — Illiterates Protection Act
Under Section 3 of the Illiterates Protection Act, any person who writes a document for or at the request of an illiterate person must write on the document their own true and full name and address, and this implies a statement that the document fully and correctly represents the illiterate person's instructions and was read over and explained to them. A contract becomes voidable when one party cannot read and the other party uses their illiteracy to deceive them about what they have signed.
Illiteracy — Definition — Inability to Understand Script or Language
An illiterate person, in relation to any document, means a person who is unable to read and understand the script or language in which the document is written or printed. Illiteracy does not merely mean inability to speak English, but inability to read and write in the language of the document.
Negligence — Standard of Care — Duty to Keep Safe Distance from Other Road Users
Regulation 8(6) of the Traffic and Road Safety (Rules of the Road) Regulations 2004 requires each driver to keep a safe distance from other road users. A driver who fails to maintain such safe distance and thereby causes injury or death acts negligently.

Legislation cited (9)

Cases cited (10)

  • Serubiri Angelo v Umeme Uganda Limited (High Court Civil Suit No. 469 of 2017)
  • Donoghue v Stevenson [1932] AC 562
  • Security 2000 Ltd v Cumberland (Court of Appeal Civil Appeal No. 916 of 2014)
  • H. Kateralwire v Paul Lwanga [1989-90] HCB 56
  • Oil Energy 25 Ltd v Komakech Robert (High Court Civil Appeal No. 111 of 2019)
  • Jane Nakawunyu v H.K Kafureka (High Court Civil Suit No. 19 of 1993)
  • Miller v Minister of Pensions (1947)
  • Okura Kemesi and Another v Umeme Ltd (High Court Civil Suit No. 41 of 2016)
  • Stanbic Bank Uganda Ltd v Ssenyonjo Moses (Civil Appeal No. 147 of 2015)
  • Wakabi Simon v Apollo Kantinti (High Court Civil Suit No. 1245 of 2018)

Full judgment

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

Desanje & Another v V.G Keshwala & Sons Limited (Civil Suit 113 of 2020) [2025] UGHCCD 34 (26 February 2025)
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.