Wakilii

Fire Masters Limited v Attorney General (CIVIL SUIT NO. 129 OF 2015)

High Court · [2019] UGHCCD 229 · 2019 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for compensation for firefighting services rendered
Decision
Judgment entered for the plaintiff with compensation and general damages awarded

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a claim for compensation based on quantum meruit for emergency firefighting services rendered at the request of a government officer with actual and ostensible authority is not time-barred where the plaintiff was under a bona fide mistake as to the proper defendant. The limitation period begins to run only after discovery of the mistake. Held further that where the Chief Fire Officer invites a private firefighting company to assist in an emergency and the services are freely accepted and utilised for 48 hours, the government is liable to pay reasonable compensation on a quantum meruit basis.

Outcome

Judgment entered for the plaintiff with compensation and general damages awarded

Facts

On 14 January 2011, the plaintiff Fire Masters Limited received an emergency call from the Uganda Police Fire Brigade Commander and Chief Fire Officer ASP Simon Peter Musoke requesting reinforcement to fight a fire at British American Tobacco warehouses in Kyambogo. The plaintiff deployed 5 fire trucks, 37 firefighters and firefighting equipment, rendering services for 48 hours until the fire was contained. The plaintiff first sued BAT for compensation, but that claim failed in HCCS No. 431 of 2012 when Justice Madrama held the proper party liable was the police who invited the plaintiff. The plaintiff then brought this suit against the Attorney General in 2015. The defendant argued the suit was time-barred under the three-year limitation for actions against government founded on contract, and alternatively that the matter was res judicata.

Issues

  1. Whether the suit is barred by time limitation
  2. Whether the defendant is liable to compensate the plaintiff for the fire services rendered upon a distress call or a solicitation for fire support services by the police fire brigade
  3. What remedies are available to the parties

Orders

  • Plaintiff awarded USD 184,080 as compensation for firefighting services.
  • Plaintiff awarded UGX 30,000,000 as general damages.
  • Interest at 8% per annum on the compensation award from the date of filing the suit until payment in full.
  • Costs awarded to the plaintiff.

Rules and key headnotes

Limitation of Actions — Exception for Mistake — Commencement of Limitation Period
Where an action is for relief from the consequences of a mistake, the period of limitation does not begin to run until the plaintiff has discovered the mistake.
Res Judicata — Different Parties — Test for Application of Doctrine
For the doctrine of res judicata to apply, the subsequent suit must be between the same parties as in the former suit. Where the parties in the two suits are different, the doctrine does not apply.
Quantum Meruit — Implied Promise to Pay — Emergency Services
Where services are supplied at the request of the recipient or freely accepted by the recipient, the recipient is bound to pay a reasonable price for them on a quantum meruit basis, even in the absence of a formal contract.
Vicarious Liability of Government — Authority of Police Officers — Emergency Procurement
Where a police officer with actual and ostensible authority to deal with emergencies invites a third party to provide services in an emergency and those services are accepted and utilised, the government is vicariously liable to compensate the service provider.
Quantum Meruit — Quasi-Contract — Implied Promise to Pay
In a quasi-contractual case, the court will look at the true facts and ascertain from them whether or not a promise to pay should be implied, irrespective of the actual views or intentions of the parties at the time when the work was done or the services rendered.

Legislation cited (6)

Cases cited (6)

  • Fire Masters Limited v British American Tobacco (Uganda) Limited (Civil Suit No. 431 of 2012)
  • Mbabali Daniel Sempa v William Kizza & Administrator General (1992-93) HCB 234
  • Cravelin Ellis v Canons Ltd [1936] 2 All ER 1066
  • Café Technical Services Ltd & Anor v J.W. Opolot Construction (U) Ltd (Civil Suit No. 0007 of 2013)
  • British Steel Corporation v Cleveland Bridge and Engineering Co Ltd [1984] 1 All ER 504
  • Agri-Industrial Management Agency Ltd v Kayonza Growers Tea Factory Ltd and Another (Civil Suit No. 819 of 2004)

Full judgment

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

Fire Masters Limited v Attorney General (CIVIL SUIT NO. 129 OF 2015) [2019] UGHCCD 229 (20 December 2019)
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.