Wakilii

Kabale v Kamya (HCT-OO-CV-CS-0804-2006)

High Court · [2009] UGHC 131 · 2009 Judgment for Plaintiff — Damages Awarded AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages arising from fatal road traffic accident, assessment of damages following interlocutory judgment entered in default of defence
Decision
Damages assessed and awarded to plaintiff for his own benefit and for dependants of deceased

Observed later treatment

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Holding

Court awarded UGX 25,185,000 in damages for loss of dependency following fatal road traffic accident. Assessed deceased's daily earnings at UGX 3,000, applied multiplier of 23 years considering deceased's age (24) and working life expectancy (55 years). Award apportioned 35% to each of two minor children and 30% to widower under s.6(2) Law Reform (Miscellaneous Provisions) Act Cap.79.

Outcome

Damages assessed and awarded to plaintiff for his own benefit and for dependants of deceased

Facts

On 9 December 2005 at 11:00 p.m. at Kikubampanga, Hoima Road, Nakiwala Florence (deceased) was standing off the road preparing to cross when she was knocked and fatally injured by the defendant's motor vehicle Reg. No. UAG 615T, an Isuzu Elf Truck. The vehicle was being driven on the far side of the road near the pedestrian walkway and was abandoned at the scene. Defendant declined to disclose or produce the driver when summoned by police. Plaintiff, the deceased's husband, sued on behalf of himself and two minor dependants (aged 6 and 3 at time of filing). Defendant was served by substituted service but filed no defence. Interlocutory judgment entered and matter proceeded to assessment of damages only.

Issues

  1. What is the appropriate quantum of damages for loss of dependency arising from the death of the deceased?
  2. What is the appropriate multiplier to apply in calculating loss of dependency?
  3. How should the award be apportioned among the dependants?

Orders

  • Judgment entered for the plaintiff against the defendant in the sum of Shs.25,185,000/=.
  • Costs of the suit awarded to the plaintiff.
  • Award apportioned: 35% (Shs.8,814,750/=) to Seruyange Hamza; 35% (Shs.8,814,750/=) to Kabale Buruhan; 30% (Shs.7,555,500/=) to the plaintiff/widower.

Rules and key headnotes

Fatal Accidents — Assessment of Loss of Dependency — Establishing Deceased's Earnings
In assessing damages for loss of dependency arising from a fatal accident, the court must establish the last known earnings of the deceased from which the pecuniary benefit regularly accruing to dependants is calculated, but the court is entitled to moderate claims of earnings where evidence is uncorroborated and amounts appear exaggerated in light of the deceased's occupation and social background.
Fatal Accidents — Multiplier for Loss of Dependency — Working Life Expectancy
The appropriate multiplier for calculating loss of dependency is determined by reference to the balance of the deceased's working life, calculated as the difference between the general working life expectancy in Uganda (55 years) and the deceased's age at death, but must be reduced to account for uncertainties including the termination of child dependency at age 21 and the vicissitudes of life.
Fatal Accidents — Apportionment Under Law Reform (Miscellaneous Provisions) Act
Where damages are awarded for loss of dependency under the Law Reform (Miscellaneous Provisions) Act Cap.79, the court must apportion the award among dependants in accordance with section 6(2) of the Act, with consideration given to the degree and nature of each dependant's dependency on the deceased.

Legislation cited (3)

  • Law Reform (Miscellaneous Provisions) Act Cap.79
  • Law Reform (Miscellaneous Provisions) Act Cap.79 s.6(2)
  • Civil Procedure Rules O.9 r.8

Cases cited (1)

  • BAT (U) Ltd v Selestino Mushongore (Supreme Court Civil Appeal No. 26 of 1994)

Full judgment

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

Kabale v Kamya (HCT-OO-CV-CS-0804-2006) [2009] UGHC 131 (24 April 2009)
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.