Wakilii

Moses Kimeze V Afriplast Industries Ltd (High Court Civil Suit No. 490 of 1997)

High Court · [2001] UGHC 18 · 2001 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 workplace injury
Decision
Judgment entered in favour of the plaintiff with award of general damages

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that an employer who fails to fence moving machinery in violation of the Factories Act Part V is liable in negligence for injuries sustained by an employee. Special damages must be specifically pleaded and strictly proved with supporting receipts. The plaintiff was awarded UGX 3,500,000 as general damages for losing two fingers, assessed at 30% permanent disability.

Outcome

Judgment entered in favour of the plaintiff with award of general damages

Facts

On 30 March 1996, Moses Kimeze (the plaintiff) was working as a casual labourer at the defendant's factory when he was instructed to lift materials near a rotation machine. As he passed the machine, it began moving and cut off two of his fingers (the small finger and index finger) on his right hand. The machines at the defendant's factory were open and not fenced. The plaintiff was rushed to Nsambya Hospital where his fingers were stitched, but the injuries worsened after the stitches were removed. He sought further physiotherapeutic treatment at Dr. Ntege's clinic for one month. Dr. Ntege assessed his permanent disability at 30%. The plaintiff cannot grip objects properly with his right hand and is permanently disfigured. The defendant paid the plaintiff's hospital bills and salary during his period of sickness.

Issues

  1. Whether the injuries that the plaintiff sustained were as a result of the defendant's negligence.
  2. What remedies are available to the plaintiff.

Orders

  • The plaintiff shall be paid a sum of Shs.3,500,000 as general damages by the defendant.
  • The defendant shall bear the costs of this suit.

Rules and key headnotes

Employer's Duty — Safe Workplace — Failure to Fence Machinery
An employer has a statutory duty under Part V of the Factories Act to fence moving parts of machinery in a factory, and failure to do so constitutes negligence where an employee sustains injuries as a result of unfenced machinery.
Negligence — Employer Liability — Breach of Statutory Duty
A contravention of the Factories Act provisions relating to safety by failing to ensure a safe working environment for employees constitutes actionable negligence, and the employer is liable for injuries sustained by an employee as a result of that breach.
Special Damages — Pleading and Proof Requirements
Special damages must be specifically pleaded and strictly proved with supporting receipts or documentary evidence; mere oral testimony as to expenditure without receipts is insufficient to establish a claim for special damages.
General Damages — Assessment — Loss of Fingers
In assessing general damages for loss of fingers with 30% permanent disability resulting in disfigurement and inability to grip objects properly, the court considers the severity of the injury in comparison with more serious injuries such as amputation of a limb, awarding a proportionate amount.

Legislation cited (1)

  • Factories Act Cap.198 Part V

Cases cited (3)

  • Sali v Bwenqye [1978] HCB 189
  • Estate of Shamji Visram Kurli Karsan Shankesprasad Maqanlal Bhatt and Anor (Civil Appeal No. 25 of 1964) [1965] EA 789
  • Matiya Byabalema and 2 Others v Uganda Transport Co (Civil Appeal No. 10 of 1993)

Full judgment

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

Moses Kimeze V Afriplast Industries Ltd (High Court Civil Suit No. 490 of 1997) [2001] UGHC 18 (21 March 2001)
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.