Wakilii

Mbabazi v Global Coaches & Anor (CIVIL SUIT NO. 307 OF 2016)

High Court · [2016] UGHCCD 126 · 2016 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 negligence in a road traffic accident
Decision
1st defendant held liable; damages and costs awarded to plaintiff; suit against 2nd defendant struck out

Observed later treatment

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Holding

The court held that the 1st defendant was liable for the negligence of its driver in causing a road traffic accident. The plaintiff's witness statement was struck off for non-compliance with the Illiterate Protection Act s.4. The suit against the 2nd defendant was struck out for failure to serve and failure by plaintiff's counsel to apply for interlocutory judgment. The court awarded special damages of UGX 244,000, general damages of UGX 15,000,000, future medical expenses of UGX 2,000,000, and costs.

Outcome

1st defendant held liable; damages and costs awarded to plaintiff; suit against 2nd defendant struck out

Facts

On 17 June 2015 at about 1:30 a.m. at Katende along the Masaka-Kampala highway, a passenger bus registration number UAU 523 M owned by the 1st defendant collided with a sand-laden truck registration number UMA 057Q. The bus was being driven by Ssebagala Godfrey. Three people including the plaintiff were injured and two died. The plaintiff was a passenger on the bus seated near the entrance. She testified in cross-examination that the driver was overspeeding while attempting to overtake the truck and knocked it from behind. The plaintiff was taken to Mengo Hospital for treatment and incurred medical expenses. The defendant claimed the plaintiff was an employee rather than a fare-paying passenger but produced no evidence of employment.

Issues

  1. Whether the 2nd defendant negligently or recklessly drove bus UAU 523 M.
  2. Whether the 1st defendant is liable for the 2nd defendant's negligence or recklessness.
  3. What remedies are available to the plaintiff.

Orders

  • Suit against the 2nd defendant struck out.
  • Plaintiff's witness statement struck off the record for non-compliance with Illiterate Protection Act s.4.
  • 1st defendant held liable for negligence of its driver.
  • Special damages awarded: UGX 62,000 for medical treatment on admission at Mengo Hospital.
  • Special damages awarded: UGX 182,000 for medical expenses after discharge.
  • General damages awarded: UGX 15,000,000.
  • Future medical expenses awarded: UGX 2,000,000.
  • Interest on general damages at 8% per annum from date of judgment until payment in full.
  • Three-quarters of the taxed costs of the suit awarded to the plaintiff.
  • Exemplary and punitive damages refused.

Rules and key headnotes

Evidence — Documentary Evidence — Illiterate Protection Act — Witness Statement Not Read and Explained in Language Understood
Where a witness admits on oath that she does not understand English, a witness statement in English that does not indicate it was read to her in a language she understood is inadmissible under the Illiterate Protection Act Cap 78 s.4, and the breach cannot be cured by Article 126(2)(e) of the Constitution.
Civil Procedure — Pleadings — Particulars of Negligence
A plaint may disclose a cause of action in negligence even where the plaintiff does not expressly state that the cause of action is in negligence, provided the particulars pleaded reveal the elements of a negligence claim.
Tort Law — Negligence — Duty of Care — Non-Fare-Paying Passenger
Where a driver agrees to transport a non-fare-paying passenger, the driver owes that passenger a legal duty to transport her safely to her destination, regardless of whether she paid a fare.
Tort Law — Negligence — Proof — Prima Facie Evidence
The fact that an accident happened is prima facie evidence of reckless driving and is sufficient to impute negligence on the part of the driver unless the defendant calls evidence to show that another party was responsible for the accident.
Damages & Quantum — Special Damages — Medical Expenses — Proof
Special damages must be strictly proved. Medical expenses unrelated to the accident will not be allowed. Original receipts must be produced to support the claim.
Damages & Quantum — General Damages — Pain and Suffering — Assessment Where Medical Evidence Limited
Where a plaintiff suffers psychological trauma, pain, and ongoing physical impairment visible to the court, general damages may be awarded even where detailed medical evidence is not provided, doing the best the court can on available evidence.

Legislation cited (2)

Cases cited (2)

  • Donoghue v Stevenson (1932) AC 362
  • Tiken Francis and Another v Electoral Commission and Two Others (HC Election Petition No. 1 of 2012)

Full judgment

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

Mbabazi v Global Coaches & Anor (CIVIL SUIT NO. 307 OF 2016) [2016] UGHCCD 126 (16 January 2016)
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.