Jack Busingye & 2 oers v T.M.K (Civil Suit No.15 of 1990)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that the plaintiffs' forests were destroyed by fire originating from the defendant's overturned vehicle carrying petrol. Negligence was established through the doctrine of res ipsa loquitur where a vehicle overturned on a highway without explanation. Special damages totalling UGX 58,560,000 awarded based on expert forestry assessment. Defendant vicariously liable for driver's negligence.

Outcome

Judgment entered for all three plaintiffs with special damages totalling UGX 58,560,000 plus costs and interest

Facts

On 24 July 1990, the defendant company's vehicle carrying 22,000 litres of petrol overturned at Rutoto, Bushenyi District on the Mbarara-Kasese Road. The vehicle exploded and caught fire. The fire spread to neighbouring bush and forests on both sides of the road, destroying the plaintiffs' planted eucalyptus, pine and Cyprus trees. The first plaintiff lost 5 hectares, the second plaintiff lost 1 hectare, and the third plaintiff lost 1.5 hectares. Forestry officers assessed the damage at UGX 58,560,000. The defendant denied the fire spread to the plaintiffs' forests and claimed the accident was an act of God.

Issues

1. Whether the plaintiffs' forests were burnt.
2. Whether the fire originated from the defendant's vehicle which overturned.
3. Whether the overturn was due to the negligence of the defendant's driver/servant.
4. What is the quantum of damages as a result of the loss by the accident.

Orders

• First plaintiff awarded UGX 39,000,000 as special damages for 5 hectares of burnt trees.
• Second plaintiff awarded UGX 7,800,000 as special damages for 1 hectare of burnt trees.
• Third plaintiff awarded UGX 11,700,000 as special damages for 1.5 hectares of burnt trees.
• Total special damages awarded: UGX 58,560,000.
• Plaintiffs awarded costs of the suit.
• Interest at court rates from date of judgment until payment in full.

Rules and key headnotes

Cases cited (13)

• Tajan case E.A. [1969] unreported
• Scott v London & St Katherine Docks (1865) 3 H&C 601
• Alen Byarugaba Vs. Kilembe Mines Limited High Court CCS . No. 945/71
• Roy Nanziri anti Engulansi Nankya Vs. Joseph Kambere [1978] HCB P. 304
• Habibu Kizito and three others Vs. Edward Boswa [1979] HCB Page 101
• Senyonga Benard Vs. Uganda Transport Co-operation [1980] HCB Page 128
• Embu Road Services Vs. Riimi [1968] E.A. page 22
• Msuri Muhiddini Vs. Nazzarbin Seing [1960] E.A. Page 201
• Barkway Vs. South Wales Transport Limited [1960] page 392
• Mukasa Vs. Singh and others [1969] E.A. Page 442
• William Kajumbula Nadiope Vs. Daudi Mwebe [1939] E.A.C.A. Page 6
• Musa Hassan Vs. Hunt [1964] E.A. Page 201
• KCC Vs Nakeye [1972] E.A. Page 446

Cases citing this judgment (4)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Akugizibwe & Anor v Nyamahunge (HCT – 01 – LD – CA – 0032 OF 2016)
• Akugizibwe & Anor v Nyamahunge (HCT – 01 – LD – CA – 0032 OF 2016)
• Kisomoro sub-county Local Government v Gamukama (HCT – 01 – LD – CA – 0002 OF 2015))
• T.M.K v Jack Busingye and Others (Civil Appeal No. 1 of 1993)

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