Wakilii

Lubayon Nsubuga & 2 Ors v Attorney General (Civil Suit No.1149 of 1978)

High Court · [1995] UGHC 16 · 1995 Judgment for Plaintiffs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages arising from motor vehicle accident
Decision
Plaintiffs awarded damages against the second defendant; claim against first defendant dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the driver of the lorry registration No. UWL 047, owned by the second defendant Hotel Equatorial, was negligent when he drove under the influence of alcohol and attempted to overtake unsafely. The court found that both plaintiffs sustained personal injuries as a result of the accident and awarded general damages of Shs. 200,000 and Shs. 250,000 respectively, plus special damages of Shs. 1,520. The claim against the first defendant Attorney General was dismissed as his driver was not found negligent.

Outcome

Plaintiffs awarded damages against the second defendant; claim against first defendant dismissed

Facts

On 15 June 1978, a motor accident occurred along Hoima/Kampala road involving a lorry registration No. UWL 047 (owned by Hotel Equatorial, the second defendant) and a Land Rover registration No. UP 0134 (owned by the Attorney General, the first defendant). The first plaintiff and second plaintiff were passengers on the lorry, while the third plaintiff (who later abandoned the case) was walking along the side of the road. Before the accident, the lorry driver stopped for 30 minutes, returned smelling of alcohol, and began driving fast in the middle of the road. The accident occurred when the lorry driver attempted to overtake the Land Rover while both vehicles were traveling in the same direction. Both plaintiffs sustained serious injuries including multiple fractures and were hospitalised. The first plaintiff suffered fractures to his right arm and left leg, resulting in 45% permanent disability. The second plaintiff sustained fractures to both legs and his forehead, resulting in 50% permanent disability and 2cm leg shortening.

Issues

  1. Whether the defendants' servants/agents were negligent and to what extent.
  2. Whether the plaintiffs suffered any injuries as a result of the accident.
  3. Whether the defendants are liable.
  4. What is the quantum of damages.

Orders

  • Judgment entered for the plaintiffs against the second defendant Hotel Equatorial.
  • General damages of Shs. 200,000 awarded to first plaintiff Lubato Nsubuga.
  • General damages of Shs. 250,000 awarded to second plaintiff Kalanima Luwandaga.
  • Special damages of Shs. 1,520 awarded to the plaintiffs.
  • Costs of the suit awarded to the plaintiffs against the second defendant.
  • Claim against the first defendant Attorney General dismissed.

Rules and key headnotes

Negligence — Motor Vehicle Accidents — Driving Under Influence of Alcohol
Driving a motor vehicle under the influence of alcohol is itself evidence of negligence.
Vicarious Liability — Employer Liability for Employee's Negligence
An employer is vicariously liable for the negligence of their driver when the driver's negligent acts cause injury to others while acting in the course of employment.
Witness Credibility — Prior Inconsistent Statements — Police Statements
A previous statement made by a witness to the police is relevant to test the consistency and credibility of the witness. A grave inconsistency between a police statement and court testimony, unless satisfactorily explained, may lead to the rejection of the witness's evidence.
Proof of Personal Injuries — Medical Evidence Not Always Necessary
The fact of injuries can be proved by any cogent evidence, not only by medical evidence, though proof of the extent of such injuries requires medical evidence.
General Damages for Personal Injuries — Principle of Restitutio in Integrum
The principle governing the measure of damages for personal injuries is the doctrine of restitutio in integrum, which requires that the plaintiff should, as far as money can do, be put in the position he would have been in if the tort had not been committed.
Assessment of Damages — Importance of Comparative Approach
Previous judicial decisions provide a comparative approach to assess damages for personal injuries and are important to ensure uniformity in awards.

Cases cited (2)

  • Marion Akankwasa v Attorney General (1982) HCB 62
  • Charles Kyasanku and Others v UTC (1981) HCB 88

Full judgment

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

Lubayon Nsubuga & 2 Ors v Attorney General (Civil Suit No.1149 of 1978) [1995] UGHC 16 (7 June 1995)
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.