Wakilii

Grunenthal GMBH and Others v Mugisha (consolidated miscellenous application 25 of 2023; Miscellaneous Application 559 of 2022)

High Court · [2024] UGHCCD 35 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated applications to strike out Civil Suit No. 069 of 2021 on grounds of time limitation, improper service, and failure to disclose a cause of action
Decision
Civil Suit No. 069 of 2021 dismissed as statute-barred

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that Civil Suit No. 069 of 2021, founded on negligence and product liability for birth defects allegedly caused by thalidomide in 1960, was barred by the three-year limitation period under the Limitation Act. The respondent's disability as a minor ceased in 1978, and the three-year extension expired in 1981. Lack of medical proof does not constitute disability under the Act, which recognises only infancy and unsoundness of mind. The suit filed in 2021 was therefore statute-barred and dismissed.

Outcome

Civil Suit No. 069 of 2021 dismissed as statute-barred

Facts

The respondent, born on 10 October 1960 with serious birth defects, alleged that his condition was caused by thalidomide, a drug administered to his mother during pregnancy. In 2016, he wrote to the applicant pharmaceutical company seeking redress and was referred to the Contergan Foundation. Following medical examinations at Mulago Hospital, he received a report on 4 December 2019 confirming that his condition was caused by thalidomide. He then filed Civil Suit No. 069 of 2021 on 2 March 2021 against the manufacturers and distributors of thalidomide, seeking general and exemplary damages for negligence and product liability. The applicants filed consolidated applications to strike out the suit on grounds of time limitation, improper service, and failure to disclose a cause of action.

Issues

  1. Whether HCCS No. 069 of 2021 is barred by time limitation.
  2. Whether there was effective service of summons against the 1st and 2nd Applicants.
  3. Whether HCCS No. 069 of 2021 discloses a cause of action against the 1st and 2nd Applicants.

Orders

  • Civil Suit No. 069 of 2021 is dismissed.
  • Costs of the consolidated applications and of the main suit awarded to the applicants.

Rules and key headnotes

Civil Procedure — Limitation of Actions — Personal Injury Claims
An action founded on tort for recovery of damages in respect of personal injuries must be brought within three years from the date on which the cause of action arose, unless the claimant can establish an exception under the Limitation Act.
Civil Procedure — Limitation of Actions — Disability Exception
Under the Limitation Act, a person is deemed to be under disability only while an infant or of unsound mind. Lack of medical proof or knowledge of the cause of injury does not constitute disability for the purposes of extending the limitation period.
Civil Procedure — Limitation of Actions — Pleading Disability
Where a suit is instituted after the expiration of the limitation period, the plaint must show grounds upon which exemption from the limitation law is claimed. Where a plaintiff relies on disability, he must plead that at the time the cause of action accrued, he was not in the custody of a family member who could have brought the suit on his behalf.
Civil Procedure — Limitation of Actions — Strict Application
A limitation statute is strict in nature and inflexible, and is not concerned with the merits of the case. The court has no residual power to extend time set by an Act of Parliament unless the statute expressly states so. Once a claim is caught up by time limitation, it is barred by law and cannot be entertained.
Tort Law — Negligence — Accrual of Cause of Action
A cause of action in negligence accrues when the injury is done and is not postponed until such time as there is knowledge of the occurrence of the injury or its cause.

Legislation cited (8)

Cases cited (7)

  • James Mundele Sunday v Pearl of Africa Tours and Travel (High Court Civil Suit No. 89 of 2011)
  • Cartedge v Jopling [1963] AC 758
  • Departed Asians Custodian Board v Dr J M Masambu (Court of Appeal Civil Appeal No. 4 of 2004)
  • Amin Aroga v Haji Muhammad Anule [2018] UGHCLD 24
  • Gastapo Co Ltd v Attorney General (High Court Civil Suit No. 030 of 2021)
  • Hilton v Sutton Steam Laundry [1956] 1 KB 73
  • Madhvani International SA v Attorney General (Supreme Court Civil Appeal No. 23 of 2010)

Full judgment

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

Grunenthal GMBH and Others v Mugisha (consolidated miscellenous application 25 of 2023; Miscellaneous Application 559 of 2022) [2024] UGHCCD 35 (26 February 2024)
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.