Wakilii

Mash East Africa( Ltd) v Road Tainers Mombasa (Ltd) (CIVIL SUIT NO. 20 OF 2016)

High Court · [2019] UGHCCD 278 · 2019 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte civil suit for damages arising from motor vehicle accident
Decision
Judgment entered ex parte in favour of plaintiff with damages and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the defendant's driver was negligent by driving on the wrong side of the road and colliding with the plaintiff's bus. The doctrine of res ipsa loquitur applied where the defendant offered no explanation. The defendant was vicariously liable for the negligent acts of its driver who was acting in the course of employment. Special damages were awarded for towing, assessment, repair costs, and lost revenue during the 98-day repair period. General damages were awarded for business disruption and inconvenience.

Outcome

Judgment entered ex parte in favour of plaintiff with damages and costs

Facts

On 20 June 2015, a motor vehicle accident occurred at Kitega along the Jinja-Kampala highway between the plaintiff's Scania bus (registration KCA 768M) and the defendant's Mercedes Benz trailer (registration KAN 66IX/ZB4273) driven by Kasiimu Tom Wathome, an employee of the defendant. The defendant's driver swerved onto the wrong side of the road while attempting to overtake another vehicle at a slight curve, causing a collision that extensively damaged the plaintiff's bus and resulted in deaths and injuries. Police investigations concluded that Wathome was responsible, and he was charged with careless and inconsiderate use of a motor vehicle at Lugazi Chief Magistrate's Court. He subsequently jumped bail. The plaintiff's bus was towed to Nairobi for extensive repairs over 98 days. The defendant failed to file a defence, and the court proceeded ex parte.

Issues

  1. Whether the defendant is liable in negligence for the loss and damage occasioned to the plaintiff's vehicle.
  2. What remedies are available for the plaintiff in the circumstances?

Orders

  • Claim in negligence against the defendant succeeds.
  • Plaintiff awarded KES 13,265,414 (or its equivalent in Uganda currency at prevailing forex bureau rates) in special damages.
  • Plaintiff awarded UGX 50,000,000 in general damages.
  • Award of damages attracts interest at 15% per annum from date of judgment until payment in full.
  • Plaintiff awarded costs of the suit.

Rules and key headnotes

Tort Law — Negligence — Duty of Care — Road Users
A driver of a motor vehicle owes a duty of reasonable care to other road users to avoid collision. Once a possibility of danger is reasonably apparent and no precautions are taken, the driver is negligent notwithstanding that the other road user may be in breach of traffic regulations.
Tort Law — Negligence — Res Ipsa Loquitur — Burden of Proof
Where circumstances of an accident give rise to an inference of negligence, the defendant must show either that there was a probable cause of the accident not connoting negligence or that the explanation is consistent only with an absence of negligence. In the absence of such explanation, the doctrine of res ipsa loquitur applies.
Tort Law — Vicarious Liability — Course of Employment
An employer is vicariously liable for the tortious acts of an employee committed within the course of employment whether the acts are negligent or deliberate, wanton or criminal. The employer remains liable even if the employee acted dangerously, recklessly, or for his own benefit, as long as he was on the employer's duty when he inflicted the tort.
Tort Law — Vicarious Liability — Prima Facie Case — Burden of Proof
Once the plaintiff pleads and proves that at the time of the accident the driver was employed to drive and was driving the employer's vehicle, a prima facie case is established that the driver was acting within the course of employment. The burden then shifts to the employer to prove otherwise.
Damages & Quantum — Special Damages — Proof Required
Special damages must be specifically pleaded and strictly proved. Strict proof is not restricted to documentary evidence only; evidence of persons who received or paid certain monies or testimonies of experts conversant with the claim can suffice.
Damages & Quantum — General Damages — Assessment Principles
General damages are those which the law implies or presumes naturally to flow from a wrongful act and may be recovered without proof of specific amount. In assessing quantum, courts are guided by the value of the subject matter, the economic inconvenience suffered, and the nature and extent of the breach or injury. General damages include future loss as well as damages for past loss and suffering.

Cases cited (15)

  • Blyth v Birmingham Water Works (1856) 11 Ex 78
  • Donoghue v Stevenson [1932] AC 562
  • Paulo Kato v Uganda Transport Corporation (1975) HCB
  • FJ Ijala v Corporation Energo Project (1988-1990) HCB 123
  • Mukasa v Singh & Ors (1969) EA 422
  • Embu Public Road Services Ltd v Riimi (1968) EA 22
  • Msuri Muhhiddin v Nazzor Bin Sef (1960) EA 201
  • Muwonge v Attorney General [1967] EA
  • Ketayomba v Uganda Securiko Limited [1977] HCB 170
  • John Imina v Arua Town Council (HCCS No. 01245 of 1973)
  • Stanbic Bank Uganda Ltd v Sekalega (Civil Suit No. 18 of 2009)
  • Traill v Bowker (1947) 14 EACA 20
  • Patel v Amin (1955) 11 EACA 1
  • Moses Ssali a.k.a Bebe Cool & Others v AG & Others (HCCS No. 86 of 2010)
  • Uganda Commercial Bank v Deo Kigozi [2002] EA 293

Full judgment

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

Mash East Africa( Ltd) Vs Road Tainers Mombasa (Ltd) (CIVIL SUIT NO. 20 OF 2016) [2019] UGHCCD 278 (5 September 2019)
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.