Wakilii

Mikidadi Nsubuga v Gaso Transport Services (Civil Suit 80 of 1996)

High Court · [1997] UGHCCD 2 · 1997 Judgment for Plaintiff (Contributory Negligence 50%) AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages arising from a motor vehicle accident
Decision
Plaintiff's claim partly allowed with damages reduced by 50% for contributory negligence

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

In a head-on collision between two vehicles overtaking on a slope, the court held that both drivers were equally to blame for failing to exercise reasonable care to avoid the collision. The plea of inevitable accident failed because the defendant did not prove the accident could not have been avoided by the greatest care and skill. Damages were apportioned 50-50, and the plaintiff recovered half the vehicle's pre-accident value as special damages plus nominal general damages.

Outcome

Plaintiff's claim partly allowed with damages reduced by 50% for contributory negligence

Facts

On 27 November 1995 at approximately 1700 hours at Kalandazi along the Kampala-Masaka Road, a head-on collision occurred between the plaintiff's Toyota Hiace mini-bus (registration 518 UBA) and the defendant's Isuzu bus (registration 815 UBA). The plaintiff's mini-bus was travelling from Mitala Maria and entering the main road, while the defendant's bus was overtaking a trailer on a slope. The collision resulted in the death of the plaintiff's driver and passengers, and the mini-bus was damaged beyond repair. The plaintiff's mini-bus was carrying 21 passengers, though it was licensed to carry only 14. The bus was in the process of overtaking on a hill with a slight corner near the scene.

Issues

  1. Whether the defendant's agent/driver was negligent.
  2. Whether the accident was inevitable.
  3. Whether the plaintiff is entitled to the remedies prayed for in the plaint.
  4. Quantum of damages.

Orders

  • Judgment entered in favour of the plaintiff against the defendant.
  • Defendant to pay plaintiff shs. 7,500,000/= being special damages.
  • Defendant to pay plaintiff shs. 100,000/= being nominal general damages.
  • Interest at 40% per annum from date of judgment till payment in full on the decretal sum.
  • Defendant to pay the taxed costs of the suit.

Rules and key headnotes

Negligence — Duty of Care — Road Users
A driver using a road owes a duty to use reasonable care to avoid colliding with other road users. All drivers must demonstrate some degree of caution even if they have the right of way on the main road, but a much higher degree of care is required of a driver entering the main road from a side road. It is incumbent on a driver entering the main road to make sure that it is safe to do so by watching out for vehicles on the main road and stopping altogether where necessary.
Negligence — Standard of Care — Emergency Situations
When a driver has to meet a sudden emergency, what is required is not usually perfect action. The driver must demonstrate the standard of care which a competent driver would exercise in similar circumstances, having regard to the type of vehicle being operated.
Inevitable Accident — Definition and Burden of Proof
A defendant relying on a plea of inevitable accident must show by adducing evidence that something happened over which he had no control, and that the effect of which could not have been avoided by the greatest care and skill. The plea is to be distinguished from mere negligence or want of reasonable care and skill.
Contributory Negligence — Apportionment of Liability
Where evidence shows that both drivers in a collision were to blame and each failed to exercise reasonable care to avoid the accident, the court may apportion liability equally between the parties where there is no evidence of which driver bore greater culpability.
Special Damages — Proof Requirements
Special damages must be specifically pleaded and strictly proved at trial as being the direct result of the defendant's wrongful acts. Claims for expenses such as survey fees, police report fees, and towing charges require production of receipts or other strict proof.

Legislation cited (1)

Cases cited (5)

  • Fernandes v Noranha (1969) EA 506
  • Schwan v The Albano (1892) P 419
  • Embu Public Road Services v Rumi (1968) EA 22
  • Dewshi v Kuldip's Touring Co (1969) EA 189
  • Oboth Epupi v Uganda Electricity Board (1980) HCB 136

Full judgment

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

Mikidadi Nsubuga v Gaso Transport Services (Civil Suit 80 of 1996) [1997] UGHCCD 2 (22 October 1997)
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.