Wakilii

Kebirungi v M/s Road Trainers Ltd & Ors (Miscellaneous Application No. 285 of 2003)

High Court · [2003] UGHC 65 · 2003 Application Dismissed — Plaint Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to amend plaint arising from civil suit for damages; preliminary objection raised challenging competence of plaint
Decision
Plaint struck out; plaintiff may file fresh plaint if desired

Observed later treatment

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Holding

A plaint that fails to plead particulars of negligence does not disclose a cause of action and cannot be cured by amendment that merely invokes res ipsa loquitur. The doctrine of res ipsa loquitur concerns the burden of proof and is not a substitute for pleading particulars of negligence. Particulars of negligence are not a mere technicality but a substantial requirement enabling defendants to know the case to meet and allowing courts to frame issues efficiently. Bare words such as 'driving recklessly without due regard to other road users' are insufficient as particulars of negligence.

Outcome

Plaint struck out; plaintiff may file fresh plaint if desired

Facts

The plaintiff filed a civil suit arising from a motor vehicle accident on 9 October 2001 at Jinja Road roundabout in which a semi-trailer allegedly driven negligently by the third defendant collided with the plaintiff's vehicle, causing damage costing UGX 5,054,700 in repairs. The driver was convicted and fined in Buganda Road Court. The plaintiff sought to amend the plaint. The defendants raised a preliminary objection contending that the plaint was bad in law for failing to provide particulars of negligence and that the proposed amendment did not cure the defect but instead sought to rely on res ipsa loquitur. The defendants also challenged the affidavit supporting the application as defective under rule 8 of the Commissioners for Oaths (Advocates) Act.

Issues

  1. Whether an affidavit supporting an application to amend a plaint is incurably defective for offending rule 8 of the First Schedule to the Commissioners for Oaths (Advocates) Act.
  2. Whether a plaint that fails to provide particulars of negligence discloses a cause of action.
  3. Whether the doctrine of res ipsa loquitur can be relied upon without first pleading particulars of negligence.

Orders

  • Application to amend plaint dismissed.
  • Plaint struck out with costs.
  • Plaintiff may return to the drawing board if she wishes.

Rules and key headnotes

Civil Procedure — Affidavits — Rule 8 of First Schedule to Commissioners for Oaths (Advocates) Act — Whether failure to seal exhibits renders affidavit incompetent
Rule 8 of the First Schedule to the Commissioners for Oaths (Advocates) Act, though mandatory, is procedural and does not go to the competence of affidavits where exhibits are not in dispute or are not produced in proof of facts during trial.
Tort Law — Negligence — Particulars of Negligence — Requirement to Plead
It is not sufficient to plead the bare fact of an accident or use general words such as 'driving recklessly without due regard to other road users'. A plaintiff must plead specific particulars of negligence setting out how the defendant was negligent so that the defendant knows the allegations to meet and the court can frame issues without undue delay.
Tort Law — Negligence — Res Ipsa Loquitur — Not a Substitute for Particulars
The doctrine of res ipsa loquitur is concerned with the onus of proof and is not a substitute for pleading particulars of negligence. A plaintiff must first plead the particulars of negligence on which she relies before she can shift the onus of disproving negligence onto the defendant by pleading res ipsa loquitur.
Civil Procedure — Pleadings — Particulars of Negligence — Substance Not Technicality
The requirement to plead particulars of negligence is not a mere technicality but a matter of substantial merit. Rules of pleading have been evolved in the general interest so that all parties may know the allegations they have to meet and that issues may be framed and justice done without undue delay.
Civil Procedure — Cause of Action — Plaint Failing to Disclose Cause of Action
A plaint that does not disclose particulars of negligence fails to disclose a cause of action and is liable to be struck out. An amendment that does not cure this defect cannot save the plaint.

Legislation cited (2)

Cases cited (5)

  • Mukasa v Singh & Others [1969] EA 442
  • Uganda Corporation Creameries Ltd & Another v Reamoton Ltd (Civil Application No. 44 of 1998)
  • Stewart v Metropolitan Tramways Co [1886] 16 QBD 556
  • Coopers v Smith [1884] Ch D 711
  • H.J. Stanley & Sons Ltd v Akberali Saleh [1963] EA 574

Full judgment

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

Kebirungi v M_s Road Trainers Ltd & Ors (Miscellaneous Application No. 285 of 2003) [2003] UGHC 65 (1 September 2003)
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.