Wakilii

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

High Court · [2019] UGHCCD 182 · 2019 Judgment for Plaintiff 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, heard exparte after defendant failed to file defence
Decision
Judgment entered exparte in favour of the plaintiff with awards of special damages, general damages, interest, 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 owed a duty of care to other road users and breached that duty by driving on the wrong side of the road, causing a collision with the plaintiff's bus. The doctrine of res ipsa loquitur applied where the defendant's vehicle swerved onto the wrong side of the road in clear weather on a road in good repair. The defendant was vicariously liable for the negligent acts of its employee driver committed in the course of employment. Special damages strictly proved were awarded for towing, assessment, repairs, and lost revenue. General damages were awarded for business loss and inconvenience.

Outcome

Judgment entered exparte in favour of the plaintiff with awards of special damages, general damages, interest, and costs

Facts

On 20 June 2015 at about 4pm at Kitega along the Jinja-Kampala highway, a collision occurred between the plaintiff's Scania bus registration No. KCA 768M and the defendant's Mercedes Benz trailer registration No. KAN 66IX/ZB4273. The defendant's driver, Kasiimu Tom Wathome, was driving the defendant's vehicle at the time. Evidence showed that Wathome swerved from his side of the road to the right, attempting to overtake a commuter taxi on a curve, and collided with the plaintiff's bus. The collision caused extensive damage to the plaintiff's bus, resulting in deaths and injuries to occupants. The weather was clear and the road was in good repair. Police investigations found Wathome responsible; he was charged with careless and inconsiderate use of a motor vehicle at Lugazi Chief Magistrate's Court but jumped bail. The plaintiff's bus was towed to Nairobi for repairs, which took 98 days. The defendant failed to file a defence and exparte proceedings were ordered.

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

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

Rules and key headnotes

Tort Law — Negligence — Elements of Liability
To establish negligence, a plaintiff must prove that the defendant owed the plaintiff a duty of care, that the defendant breached that duty resulting in damage to the plaintiff, and that the defendant and no other is liable for the breach of duty.
Tort Law — Negligence — Duty of Care Owed by Drivers
A driver of a motor vehicle is under a duty to take reasonable care for the safety of other traffic on the road to avoid a collision. This duty involves taking all measures to avoid a collision. Once a possibility of danger is reasonably apparent and no precautions are taken, the driver is negligent, notwithstanding that the other driver or road user is in breach of traffic regulations or is even negligent.
Tort Law — Negligence — Res Ipsa Loquitur
Where the circumstances of an accident give rise to an inference of negligence, the defendant in order to escape liability must show that there was a probable cause of the accident which does not connote negligence, or that the explanation for the accident was consistent only with an absence of negligence.
Tort Law — Vicarious Liability — Liability for Acts of Servants
A master is liable for the tortious acts of a servant committed within the course of employment, whether the acts are negligent or deliberate, wanton or criminal. An employer is liable for the tortious acts of a servant if the servant acted dangerously, recklessly or for his own benefit, as long as he was on his master's duty when he inflicted the tort.
Tort Law — Vicarious Liability — Burden of Proof in Course of Employment
Once a plaintiff pleads and proves that at the time of the accident the driver was driving the vehicle and was employed to drive, a prima facie case is established that he was driving within the course of his employment, and the burden of proving the opposite shifts to the employer.
Damages & Quantum — Special Damages — Pleading and Proof
Special damages must be specifically pleaded and proved. Strict proof is not restricted to documentary evidence only; in some cases, evidence of a person who received or paid certain monies or testimonies of experts conversant with matters of the claim can suffice.
Damages & Quantum — General Damages — Assessment and Quantum
In assessment of the quantum of damages, courts are guided by the value of the subject matter, the economic inconvenience the party may have been put through, and the nature and extent of the breach or injury suffered. 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
  • F J 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 and Amin (1955) 11 EACA 1
  • Moses Ssali (a.k.a Bebe Cool) & Others v Attorney General & 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 182 (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.