Wakilii

Kyomuhendo (Administratrix of the estate of the late Dr. Musiitwa Mugwanya) v Kiboga District Local Government (Civil Suit 48 of 2024)

High Court · [2025] UGHC 149 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for compensation under the Workers Compensation Act and Law Reform (Miscellaneous Provisions) Act following death of employee from COVID-19
Decision
Judgment entered for plaintiff; defendant ordered to pay compensation, general damages and interest

Observed later treatment

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Holding

The High Court held that COVID-19 falls within 'any other infection or infestation' under Schedule 2 Item 39 of the Workers Compensation Act, making it a scheduled disease justifying compensation. A District Medical Officer who contracted COVID-19 while examining a patient at work and subsequently died was found to have contracted the disease in the course of employment. The employer was liable to compensate the deceased's family under the Act, calculated at sixty times monthly earnings.

Outcome

Judgment entered for plaintiff; defendant ordered to pay compensation, general damages and interest

Facts

Dr. Musiitwa Mugwanya was employed as District Medical Officer by Kiboga District Local Government. On 13 November 2020, he returned home from work in Kiboga. He received a call from the COVID response team informing him that a patient he had examined, Margaret Ggulu, had tested positive for COVID-19. On 15 November 2020, the deceased tested positive for COVID-19 and was transferred to Mulago National Referral Hospital. He died on 8 December 2020 from acute respiratory distress caused by COVID-19. His widow, as administratrix of his estate, lodged a claim for compensation with the defendant employer, which was not satisfied. The deceased left four biological children and other family members dependent on his earnings. At the time of death, his monthly salary was UGX 4,600,062.

Issues

  1. Whether the suit was properly brought under the Workers Compensation Act.
  2. Whether the deceased contracted COVID-19 in the course of his employment.
  3. Whether the defendant is liable.
  4. What are the remedies available to the parties?

Orders

  • The late Musiitwa Micheal Mugwanya contracted COVID-19 in the course of his employment that led to his death.
  • The defendant is liable to compensate the plaintiff for the death of the deceased.
  • The defendant shall compensate the plaintiff UGX 276,003,720/= for the death of late Dr. Musiitwa Michael Mugwanya.
  • The plaintiff is granted general damages of UGX 10,000,000/=.
  • The plaintiff is awarded interest of 18% per annum on the compensation amount from date of judgment till payment in full.
  • Costs of the suit are granted to the plaintiff.

Rules and key headnotes

Workers Compensation — Scheduled Diseases — COVID-19 Classification
COVID-19 falls within the meaning of 'any other infection or infestation' under Item 39 of Schedule 2 to the Workers Compensation Act and constitutes a scheduled disease justifying grant of compensation under the Act.
Jurisdiction — High Court Unlimited Original Jurisdiction
The High Court has unlimited original jurisdiction under Article 139(1) of the Constitution to entertain claims under the Workers Compensation Act notwithstanding that the Act designates Magistrate's Courts as the forum. The jurisdiction of the High Court cannot be ousted unless expressly or by clear implication stated in statute.
Workers Compensation — Presumption of Disease from Employment
Where a worker dies of a scheduled disease within 24 months of employment in an occupation mentioned in relation to that disease, it is presumed until the contrary is proved that the disease was due to the nature of that employment.
Workers Compensation — Notice Requirement — Employer Knowledge
Notice of accident or disease is not required where it is shown that the employer was aware of the accident or disease at or about the time it occurred or when the symptoms became evident. A death certificate, COVID test results, and an internal report compiled at the employer's request satisfy the certificate requirement under section 27 of the Workers Compensation Act.
Workers Compensation — Quantum — Calculation of Compensation for Death
Where a deceased worker leaves family members dependent on earnings, compensation is calculated as sixty times the worker's monthly earnings. Monthly earnings are computed as the rate per month at which the worker was remunerated during the twelve months immediately preceding death.

Legislation cited (19)

Cases cited (10)

  • Sebuliba v Co-operative Bank Ltd (1982) HCB 129
  • Nsubuga v Kavuma (1978) HCB 307
  • Administrator General v Bwanika James and Others (Supreme Court Civil Appeal No. 7 of 2003)
  • Alcon International Ltd v Kasirye Byaruhanga and Co Advocates [1996] HCB 61
  • Burehenda Irene v Tumukunde Jolly (Miscellaneous Application No. 083 of 2017)
  • Desai v Warsama (1967) EA 351
  • Ssentamu Joseph v Jibu Corporate Uganda Limited (Civil Suit No. 051 of 2021)
  • Engineer John Eric Mugyenzi v UEGCL (Court of Appeal Civil Appeal No. 167 of 2018)
  • Kabuusu Henry v Uganda Revenue Authority (Civil Suit No. 047 of 2017)
  • Wakabi Simon v Apollo Kantinti (High Court Civil Suit No. 1245 of 2018)

Full judgment

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

Kyomuhendo (Administratrix of the estate of the late Dr. Musiitwa Mugwanya) v Kiboga District Local Government (Civil Suit 48 of 2024) [2025] UGHC 149
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.