Wakilii

Gloria Namutyaba v Ultimate Security Ltd (Civil Appeal No.48 of 2007)

High Court · [2010] UGHC 200 · 2010 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court judgment dismissing personal injury suit
Decision
Original dismissal set aside; appellant awarded general damages of UGX 1,000,000 with interest

Observed later treatment

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Holding

The High Court allowed the appeal in part. The court held that negligence was established through the doctrine of res ipsa loquitur where the defendant's motor vehicle knocked the appellant and the driver failed to testify. The trial magistrate's finding on the nature and extent of injury was upheld. However, the court held that even with the lesser injuries found, the appellant was entitled to general damages. An award of UGX 1,000,000 in general damages was granted with interest at 25% per annum from judgment.

Outcome

Original dismissal set aside; appellant awarded general damages of UGX 1,000,000 with interest

Facts

The appellant, a 9-year-old girl, was knocked down by the respondent's motor vehicle on 10 June 2004 while she was walking home from school. The vehicle tyre went over her leg and she was taken to Escort Hospital for treatment. Medical evidence conflicted on the severity of injury: the plaintiff's witness found a fracture of the left tibia on X-ray examination at Mulago Hospital, while the defendant's witness found only soft tissue injuries and bruises at Escort Hospital the day after the accident. The trial magistrate dismissed the suit, finding that negligence and significant injury had not been proved. The appellant appealed.

Issues

  1. Whether the trial magistrate erred in holding that the defendant was not negligent in driving its motor vehicle.
  2. Whether the trial magistrate erred in holding that there was no proof that the appellant's leg was injured as a result of the accident.
  3. Whether the trial magistrate erred in holding that contradictions in the plaintiff's case were so grave that they went to the root of the case.
  4. Whether the trial magistrate erred in preferring the medical evidence of DW2 to that of PW5.
  5. Whether the trial magistrate erred in holding that the plaintiff did not suffer any significant injuries to warrant an award of damages.

Orders

  • Appeal allowed in part.
  • Order dismissing the suit is set aside.
  • Judgment substituted with an order for payment of general damages in the sum of UGX 1,000,000.
  • Award to attract interest of 25% per annum from the date of judgment till payment in full.
  • Appellant awarded half the taxed costs of the appeal and in the court below.

Rules and key headnotes

Negligence — Burden of proof — Res ipsa loquitur
Where a plaintiff alleges negligence and adduces evidence that the defendant's vehicle knocked her while travelling at high speed, and the defendant fails to call the driver to give his version of events, the doctrine of res ipsa loquitur applies and the burden shifts to the defendant to provide a reasonable explanation of how the accident occurred.
Negligence — Elements — Duty of care, breach, and loss
To establish negligence, a plaintiff must prove three elements: that the defendant owed a duty of care, that the defendant breached that duty, and that the plaintiff suffered loss as a result. Failure to prove any element defeats the claim.
Appeals — Duty of first appellate court — Re-evaluation of evidence
It is the duty of the first appellate court to review the record of evidence itself to determine whether the conclusion reached by the trial court should stand. Where the trial court's conclusion has been arrived at on conflicting testimony after seeing and hearing witnesses, the appellate court must bear in mind that it has not enjoyed that opportunity and the trial court's view on credibility is entitled to great weight.
General damages — Personal injury — Entitlement despite minor injury
Where negligence and causation are established, a plaintiff who has sustained injury is entitled to an award of general damages commensurate with the tort committed, even where the injury sustained is not as severe as alleged. The plaintiff must be put in as good a position in money terms as possible to restore her to the original condition.
Non-compliance with rules — Service of memorandum of appeal — Substance over technicality
Where a memorandum of appeal is not served on the respondent but the respondent receives notice of the hearing and participates in the proceedings, the omission to serve is an error of procedure that is not fatal where no injustice has been done to the respondent. Courts exist to decide matters in controversy, not for the sake of discipline.
Affidavits — Advocate as deponent — Interlocutory applications
Under Order 19 Rule 3 of the Civil Procedure Rules, on interlocutory applications, statements of belief may be admitted in affidavits provided that the grounds are stated. Where an advocate depones to facts easily verifiable from the record and admitted by the other party on an interlocutory application, the affidavit is not materially defective.

Legislation cited (4)

Cases cited (10)

  • Flora Mbambu & Anor v Serapio Mukine [1979] HCB 47
  • Charles Kabunga v Christopher Baryaruha & 3 Others (HCMA No. 41 of 1995)
  • Clouds 10 Ltd v Standard Chartered Bank (U) Ltd [1987] HCB 64
  • Tarlol Singh Saggu v Roadmaster Cycles (U) Ltd (CACA No. 46 of 2000)
  • Banco Arabe Espanol v Bank of Uganda (SCCA No. 8 of 1998)
  • Blyth v Birmingham Water Works (1856) 11 Ex 781
  • Scott v London and St Katherine Docks Co (1865) 3 H & C 596
  • Tumusiime v Entebbe Municipal Council (HCCS No. 921 of 1987)
  • Donald Egeju v Attorney General (HCCS No. 585 of 1990)
  • Wasoma Ahamad v Crown Beverages & Anor (HCCS No. 33 of 1998)

Full judgment

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

Gloria Namutyaba v Ultimate Security Ltd (Civil Appeal No.48 of 2007) [2010] UGHC 200 (28 May 2010)
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.