Mutabazi and Others v Horizon Coaches Ltd and Sterling International Civil Eng. Ltd (CIVIL SUIT NO. 1087 OF 1997)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that the plaintiffs were fare-paying passengers and the defendant bus company was fully liable for the accident. Special damages of Shs 1,716,000 awarded despite absence of receipts where the plaintiff gave acceptable explanation for their loss. General damages awarded for loss of expectation of life (Shs 3,000,000) and for personal injuries sustained by the surviving plaintiffs (Shs 2,000,000, Shs 1,000,000, and Shs 5,000,000 respectively). Medical evidence alone was sufficient to prove injuries where plaintiffs' presence had been dispensed with.

Outcome

Defendant found liable for the accident; damages and costs awarded to plaintiffs

Facts

On 1 March 1997, Tushabe Mutabazi (aged 5), and the 2nd, 3rd and 4th plaintiffs were travelling as fare-paying passengers on the defendant's bus from Kampala to Kisoro when the bus overturned at Karukara on the Kabale-Kisoro Road. Tushabe Mutabazi died from cerebral haemorrhage due to extensive brain damage. The 2nd plaintiff sustained bruises, abrasions and a fracture of the left clavicle bone (assessed at 30% permanent incapacity). The 3rd plaintiff sustained bruises on the face and left cheek (5% temporary incapacity). The 4th plaintiff sustained multiple head wounds including a depression fracture in the occipital region (50% temporary incapacity, 40% permanent incapacity). The 1st plaintiff, Francis Mutabazi, sued on behalf of his deceased son's estate and as next friend for the minor plaintiffs. The defendant contended that the accident was caused by the negligence of Sterling International Civil Engineering Ltd, whose employees made the road slippery during repairs, but adduced no evidence to support this defence.

Issues

1. Whether the deceased child and the 2nd, 3rd and 4th plaintiffs were fare-paying passengers on the defendant's bus.
2. Whether the defendant was liable for the accident as a result of which the deceased died and the 2nd, 3rd and 4th plaintiffs suffered injuries.
3. Whether the 1st plaintiff is entitled to special damages for expenses incurred as a result of the accident.
4. Whether the 1st plaintiff is entitled to general damages for the death of his son and if so how much.
5. Whether the 2nd, 3rd and 4th plaintiffs are entitled to general damages for injuries sustained in the accident and if so how much.

Orders

• Judgment entered in favour of the plaintiffs against the defendant.
• Special damages of Shs 1,716,000 to be paid to the 1st plaintiff.
• General damages of Shs 3,000,000 to be paid to the 1st plaintiff in respect of his deceased son.
• General damages of Shs 2,000,000 to be paid to the 2nd plaintiff.
• General damages of Shs 1,000,000 to be paid to the 3rd plaintiff.
• General damages of Shs 5,000,000 to be paid to the 4th plaintiff.
• Interest to be paid on the above damages at court rate until payment in full.
• The defendant shall pay costs of this suit.

Rules and key headnotes

Legislation cited (1)

• Civil Procedure Rules Order 1 Rule 18

Cases cited (3)

• Bhogal v Albridge and Another [1975] EA 286
• Frank Makumbi v Kigezi African Bus Co. Ltd (1986) HCB 69
• Uganda Electricity Board v G.M. Musoke (Civil Appeal No. 30 of 1993)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Mutabazi & 3 Others v Horizon Coaches Limited (Civil Application 97 of 2000)

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