Wakilii

Mugabi v Nyanza Textile Industries Limited (Civil Suit 123 of 1989)

High Court · [1992] UGHC 76 · 1992 Preliminary Objection Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection in a civil suit claiming damages for personal injuries and employment-related relief
Decision
Plaintiff's claim for personal injuries rejected as statute-barred

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the plaintiff's claim for personal injuries was statute-barred under section 4 of the Limitation Act. The cause of action arose between 1961 and 1970, more than three years before the suit was filed in 1989. The court rejected the argument that the cause of action was continuing, finding that it ceased when the plaintiff's exposure to cotton dust ended in 1967. The plaintiff's alleged ignorance of the cause of his ailment did not constitute a disability under section 22, and the plaint failed to disclose grounds for exemption as required by Order 7 rule 6 of the Civil Procedure Rules. The claim for personal injuries was rejected.

Outcome

Plaintiff's claim for personal injuries rejected as statute-barred

Facts

The plaintiff was employed by the defendant from 1961 as a worker in the spinning department of a textile factory at Jinja. He was exposed to cotton dust in the dust chambers of the spinning department, which caused him to develop chest problems and bronchial asthma within six months to a year of commencing employment. Despite medical advice to leave the spinning department, he remained there until 1967 when he was transferred to the sales department. The plaintiff's ailment became permanent. In March 1989, the plaintiff filed a plaint claiming special and general damages for personal injuries and employment-related relief. The defendant raised a preliminary objection that the claim for personal injuries was barred by the Limitation Act, having been brought more than three years after the cause of action arose.

Issues

  1. Whether the plaintiff's claim for damages for personal injuries was barred by the Limitation Act having been filed more than three years after the cause of action arose.
  2. Whether the plaintiff's claim was saved by a continuing cause of action on the basis that injuries remained permanent.
  3. Whether the plaintiff was entitled to exemption from the Limitation Act on the ground of disability (ignorance of the cause of his ailment).
  4. Whether the plaint disclosed grounds for exemption from the Limitation Act as required by the Civil Procedure Rules.

Orders

  • The plaintiff's claim for personal injuries is rejected under Order 7 rule 11(d) of the Civil Procedure Rules.
  • Costs awarded to the defendant.

Rules and key headnotes

Civil Procedure — Limitation — Personal Injury — When Cause of Action Arises
A cause of action for personal injury arises when the plaintiff's right is affected by the defendant's acts or omissions and such acts or omissions inflict damage upon the plaintiff. Where the defendant's acts or omissions complained of have ceased, the cause of action cannot be said to be continuing merely because the injuries suffered by the plaintiff are permanent.
Civil Procedure — Limitation — Personal Injury — Three-Year Time Limit
Under section 4 of the Limitation Act, actions for damages for negligence, nuisance, or breach of duty where the damages include personal injuries must be brought within three years from the date the cause of action arose.
Civil Procedure — Limitation — Disability — Ignorance Not a Disability
Alleged ignorance of the cause of an ailment does not constitute a disability under section 22 of the Limitation Act where the plaintiff received regular medical treatment from the time the ailment first appeared and was transferred from the source of exposure because it was noted to be the cause of his health problems. An ordinary and reasonable person in such circumstances cannot claim ignorance as a disability.
Civil Procedure — Pleadings — Disclosure of Grounds for Exemption from Limitation
Order 7 rule 6 of the Civil Procedure Rules is mandatory. Where a suit is instituted after the expiration of the period prescribed by the Limitation Act, the plaint must show the grounds upon which exemption from the limitation period is claimed. Failure to comply with this requirement results in rejection of the plaint under Order 7 rule 11(d).

Legislation cited (8)

Cases cited (2)

  • Makula International Ltd v Cardinal Nsubuga and Another (1982 HCB 11)
  • Iga v Makerere University [1971] 1 ULR 121

Full judgment

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

Mugabi v Nyanza Textile Industries Limited (Civil Suit 123 of 1989) [1992] UGHC 76 (6 February 1992)
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.