Wakilii

Kakooza v Abamwe Transporters Limited & Another (CIVIL SUIT NO. 519 OF 2017)

High Court · [2020] UGHCCD 101 · 2020 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages arising from road traffic accident
Decision
Suit dismissed — plaintiff found solely responsible for his injuries

Observed later treatment

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Holding

The court held that the plaintiff was solely responsible for the accident. The plaintiff, who lacked a valid driving permit, attempted to overtake a trailer on the left side in a roundabout or bend, which was reckless and unreasonable. A prudent rider would not attempt such a manoeuvre. The plaintiff's lack of driving skills attributable to the absence of a permit was the major cause. The suit was dismissed with no order as to costs.

Outcome

Suit dismissed — plaintiff found solely responsible for his injuries

Facts

On 7 July 2017, the plaintiff was riding motorcycle UEH 045F along Mengo Hill Road when he collided with motor vehicle UAH918/UAF848U belonging to the 1st defendant and driven by the 2nd defendant, an employee of the 1st defendant. The plaintiff sustained a broken right leg which was later amputated. The plaintiff alleged the 2nd defendant failed to control the vehicle at the roundabout due to poor mechanical condition. The 2nd defendant contended he was driving slowly and unaware he had struck anyone until informed by a traffic officer; he alleged the plaintiff was overtaking on the left. The defendants failed to appear at trial despite court orders and the matter proceeded under Order 17 rule 4 CPR.

Issues

  1. Whether the 2nd Defendant's acts were negligent?
  2. Whether the 1st Defendant is vicariously liable for the actions of the 2nd Defendant?
  3. Whether the Plaintiff is entitled to the remedies prayed for?

Orders

  • Suit dismissed.
  • No order as to costs.

Rules and key headnotes

Negligence — Elements — Duty, Breach, Causation
To establish liability for the tort of negligence, a plaintiff must prove: (a) the defendant owed a duty to exercise due care; (b) the defendant failed to exercise due care; and (c) the defendant's failure caused the injury or damage suffered.
Contributory Negligence — Sole Responsibility — Reckless Conduct
A person is guilty of contributory negligence if he ought reasonably to have foreseen that if he did not act as a reasonable prudent person, he might hurt himself, and he must take into account that others may be careless. Where a plaintiff's reckless conduct is the sole cause of his injury, the suit will be dismissed.
Road Traffic Accidents — Overtaking — Standard of Care
No reasonable and prudent rider or driver would attempt to overtake a trailer consisting of two trucks in a bend or roundabout by squeezing into the space between the trailer and pavement. Such conduct constitutes recklessness and breaches the standard of care owed to oneself and other road users.
Contributory Negligence — Breach of Statutory Duty — Driving Without Permit
Driving or riding a motorcycle on the road without a valid driving permit as required by section 35 of the Traffic and Road Safety Act Cap 361 constitutes a breach of statutory duty and is evidence of contributory negligence where lack of training and driving skills caused or contributed to an accident.

Legislation cited (3)

Cases cited (3)

  • H Kateralwire v Paul Lwanga [1989-90] HCB 56
  • Paris v Stepney Borough Council [1951] AC 367
  • Gaaga Enterprises Ltd v SBI International Holdings and 2 Others (High Court Civil Suit No. 19 of 2005)

Full judgment

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

Kakooza v Abamwe Transporters Limited & Another (CIVIL SUIT NO. 519 OF 2017) [2020] UGHCCD 101 (15 May 2020)
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.