Wakilii

Nabakka and Another v Egesa Commercial Agencies (Civil Suit 1109 of 1997)

High Court · [1999] UGHC 31 · 1999 Judgment for Plaintiffs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages arising from motor vehicle accident
Decision
Judgment entered for plaintiffs with damages and costs awarded

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the defendant was solely responsible for the accident after its lorry was negligently parked in a blind corner while relieving a broken-down vehicle, forcing the plaintiffs' vehicle to collide with it. The court rejected the defence of contributory negligence, finding no evidence that the plaintiffs' presence in the vehicle contributed to the accident. General damages awarded: UGS 15 million to first plaintiff (leg amputated above knee, 75% disability) and UGS 10 million to second plaintiff (bilateral leg fractures, 30% disability with risk of future amputation).

Outcome

Judgment entered for plaintiffs with damages and costs awarded

Facts

On 3 May 1997, the two plaintiffs (mother and son) were passengers in a Dyna pick-up travelling from Kampala to Jinja. As the vehicle negotiated a blind bend near Namawojjolo in rainy conditions, they encountered two lorries parked back-to-back on their side of the road. An oncoming vehicle from Jinja swept past on the right, forcing their driver to swerve left and collide with the defendant's lorry (a Mercedes Benz UXJ 211), which was parked in the blind corner while transferring salt from a broken-down lorry. The collision caused serious injuries: the first plaintiff's left leg was amputated above the knee (75% disability), and the second plaintiff sustained bilateral open fractures of the tibia and fibula and a closed fracture of the left femur (30% disability with risk of future amputation).

Issues

  1. Whether the plaintiffs were passengers in motor vehicle No. 845 UAS at the time of the accident?
  2. Which party was responsible for the negligence leading to the accident in question?
  3. Whether there was contributory negligence on the plaintiffs' part and what is its extent?
  4. Whether the plaintiffs suffered any injuries at the time of the accident?
  5. Whether the defendant is liable for those injuries and to what extent?

Orders

  • Judgment entered in favour of the plaintiffs.
  • Defendant to pay general damages of UGS 15,000,000 to the first plaintiff.
  • Defendant to pay general damages of UGS 10,000,000 to the second plaintiff.
  • Defendant to pay the costs of the suit.
  • Interest on the damages awarded at court rate from the date of judgment until payment in full.

Rules and key headnotes

Tort Law — Negligence — Causation — Parking in Blind Corner
A party who parks a vehicle in a blind corner on a public road without compelling reason (such as breakdown) while engaged in loading operations is responsible for negligence when that parking causes an accident, even where the vehicle was stationary and tree leaves were placed as warnings.
Tort Law — Contributory Negligence — Test and Proof
To establish contributory negligence, the defendant must prove that the plaintiff failed to take ordinary care for their own safety as a reasonable person would, and that this failure was a contributory cause of the accident. The plaintiff's mere presence in a vehicle or agreement to sit in an overloaded seat, without evidence that such presence contributed to the accident's occurrence, does not establish contributory negligence.
Tort Law — Contributory Negligence — Temporal Application of Traffic Law
Offences created by the Traffic and Road Safety Act 1998, which took effect in March 1999, could not be committed by parties at the time of an accident that occurred in May 1997 under the former Traffic and Road Safety Act 1970.
Damages & Quantum — General Damages — Personal Injury — Amputation
In assessing general damages for leg amputation above the knee resulting in 75% disability, the court must consider comparable recent awards and adjust for currency depreciation. Where a 1993 award of UGS 4 million was made and the shilling has lost approximately half its value (dollar rate rising from UGS 900 to UGS 1500), an award of UGS 15 million represents a fair adjustment.
Damages & Quantum — General Damages — Personal Injury — Aggravating Factors
In assessing general damages for personal injury, the court must consider the tender age of the plaintiff, the severity of permanent disability, the prospect of future amputation arising from bone infection and poor union of fractures, and currency depreciation since comparable awards were made.
Damages & Quantum — Special Damages — Proof
Special damages must be specifically proved. Where a plaint claims special damages but no evidence is led at trial to prove the amount allegedly spent, the court cannot award special damages.

Legislation cited (2)

Cases cited (3)

  • Lewis v Denye (1939) 1 All ER 310
  • Mitiya Byabalema and 2 Others v Uganda Transport Co (Civil Appeal No. 10 of 1993)
  • Estate of Kusam v. Bhatt

Full judgment

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

Nabakka and Another v Egesa Commercial Agencies (Civil Suit 1109 of 1997) [1999] UGHC 31 (22 October 1999)
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.