Wakilii

Najjemba Rose and Another v Angufibo Hassan and Mandela Millers Uganda Limited (HCT-14-CV-CS-0075-2021)

High Court · [2025] UGHC 1304 · 2025 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 fatal road traffic accident
Decision
Judgment entered in favour of the plaintiffs with awards of special damages, damages for loss of dependency, general damages, interest, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the plaintiffs established a cause of action and had locus standi under the Law Reform (Miscellaneous Provisions) Act. The court found that the 1st defendant, while driving the 2nd defendant's motor vehicle UBF 899E, negligently caused the death of Kigozi Fred by overtaking dangerously and knocking him off his motorcycle. The 2nd defendant was held vicariously liable as the 1st defendant's employer. The court awarded special damages of UGX 12,130,000, damages for loss of dependency of UGX 90,000,000, and general damages of UGX 100,000,000, plus interest at 8% per annum on general damages and costs.

Outcome

Judgment entered in favour of the plaintiffs with awards of special damages, damages for loss of dependency, general damages, interest, and costs

Facts

On 31 December 2019, at approximately 8:00 pm, Kigozi Fred was riding his motorcycle (Reg. No. UEJ 517V) along Namugongo Road at Sonde near Nakiyanja Valley in Mukono District when he was struck and killed by motor vehicle UBF 899E, an Isuzu FVZ box body truck. The 1st defendant, Angufibo Hassan, was driving the vehicle, which belonged to the 2nd defendant, Mandela Millers (U) Ltd. The 1st defendant was returning from delivering goods for the 2nd defendant when the accident occurred. An eyewitness testified that the truck left its lane and attempted to overtake on the left-hand side, striking the deceased's motorcycle. The deceased died at the scene from blunt force trauma. He was survived by his mother (1st plaintiff), his wife (2nd plaintiff), and four minor children. The deceased was a sculptor who had entered into contracts worth substantial sums. The defendants denied responsibility, claiming the vehicle was never involved in an accident and producing an inspection report to that effect.

Issues

  1. Whether there is a cause of action against the defendants.
  2. Whether the late Fred Kigozi died due to an accident occasioned by motor vehicle No. UBF 899E.
  3. Whether the 1st defendant was negligent towards the late Fred Kigozi.
  4. Whether the second defendant is vicariously liable for the acts of the 1st defendant.
  5. What remedies are available to the parties.

Orders

  • A declaration that the death of the deceased (Kigozi Fred) was caused by the defendants.
  • Special damages of UGX 12,130,000 awarded to the plaintiffs.
  • Damages for loss of dependency of UGX 90,000,000 awarded to the plaintiffs.
  • General damages of UGX 100,000,000 awarded to the plaintiffs.
  • Interest of 8% per annum shall be paid on the award of general damages from date of judgment till payment in full.
  • Costs of the suit are awarded to the plaintiffs.

Rules and key headnotes

Negligence — Duty of Care — Road Users
All road users owe a duty of care to one another to use the road in accordance with traffic laws and to act reasonably and prudently. It is reasonably foreseeable that careless or reckless conduct by a driver could cause injury to other road users, including motorcyclists.
Negligence — Breach of Duty — Dangerous Overtaking
A driver who leaves their lane and attempts to overtake on the left-hand side of the road, thereby encroaching onto another road user's lane and causing a collision, breaches the duty of care owed to that road user.
Vicarious Liability — Employer Liability for Employee's Negligence
An employer is vicariously liable for the negligent acts of an employee committed in the course of employment. Where an employee-driver causes an accident while driving the employer's vehicle on a business errand, the employer is liable for the resulting damage.
Locus Standi — Law Reform (Miscellaneous Provisions) Act — Definition of Family Member
Under the Law Reform (Miscellaneous Provisions) Act, the definition of 'member of the family' must be read harmoniously with the Workers Compensation Act. A wife is a member of the family and has locus standi to bring an action for damages arising from the death of her husband. Non-registration of a marriage does not invalidate it, and marriage may be proved by oral evidence.
Damages for Loss of Dependency — Proof of Pecuniary Loss
To recover damages for loss of dependency under the Law Reform (Miscellaneous Provisions) Act, a claimant must prove pecuniary loss resulting from the deceased's death. Where the multiplier approach cannot be applied due to insufficient evidence of the deceased's exact earnings and expenditure, the court may adopt a global award approach and assess damages based on the material before it.
Special Damages — Proof and Award
Special damages must be specifically pleaded and proved. Proof does not necessarily require documentary evidence; direct evidence from a person who paid or received, or expert testimony, may suffice. Burial expenses are recoverable under the Law Reform (Miscellaneous Provisions) Act where death has occurred and expenses have been incurred.

Legislation cited (15)

Cases cited (34)

  • Opecprime Properties and Another v Attorney General (HCCS No. 479 of 2022)
  • Auto Garage v Motokov [1971] EA 514
  • Sun Air Ltd v Nonam Trans Pet Co Ltd (HCCS No. 229 of 2009)
  • Attorney General v Major General David Tinyefunza (SC Appeal No. 1 of 1997)
  • Kapeeka Coffee Works Ltd v NPART (CACA No. 3 of 2000)
  • Fakrudin Vallibhai Khapasi and Another v Kampala District Land Board and Alliance Holdings Ltd (HCCS No. 570 of 2015)
  • Jovelyah Bantyahare v Attorney General (SCCA No. 28 of 1993)
  • Sladri v Andama and Others (Administration Cause No. 12 of 1997)
  • Amama Mbabazi v Yoweri Kaguta Museveni and 2 Others (Supreme Court Election Petition No. 1 of 2016)
  • Omony Charles v Attorney General (HCCS No. 579 of 2016)
  • Micheal Muiganti and Another v Jackeline Batalingaga and 3 Others (Civil Suit No. 434 of 2008)
  • Bufara v Bufara (Court of Appeal Civil Appeal No. 87 of 2002)
  • Kintu Muulanga v Myillous G Kintu (Civil Appeal No. 135 of 1997)
  • Melidah Namutebi and Another v Gaaga Enterprises Ltd (Civil Suit No. 364 of 2012)
  • Mugisha Felix and Others v Attorney General (HCCS No. 237 of 2019)
  • Aryemo Robina and Another v Zongmei Engineering Group Ltd and Katende Shabon (HCCS No. 46 of 2018)
  • Donoghue v Stevenson [1932] AC 562
  • Tara v Chitty & Co (1931) ALL ER 826
  • Tusingwire Barahandikira v Attorney General and Another (CACA No. 270 of 2018)
  • Gapco (U) Ltd v A.S Transporters (U) Ltd (CACA No. 18 of 2002)
  • Halfi Asuman Mutekanga v Equator Grousers (U) Ltd (SCCA No. 7 of 1995)
  • Kibimba Rice Ltd v Umar Salim (SCCA No. 17 of 1992)
  • Marion Luzinda v Ssekomaze and 3 Others [2020] UGHCCD 20
  • Serubiri Angelo v Umeme Limited (HC Civil Suit 469 of 2017)
  • Namole and Another v Horeb Services Uganda Limited and Another (Miscellaneous Cause No. 27 of 2023)
  • Kakubhai Mohanlal v Warld Telecom Uganda (HCCS No. 224 of 2011)
  • Uganda Development Bank v Muganga Colast Actions [1981] HCB
  • Uganda Electricity Board v Musoke (Civil Appeal No. 30 of 1993)
  • Otim Solomon v Nsereko Anthony and Another (HCCS No. 275 of 2014)
  • Auma Betty Okwilu v NWSC (HCCS No. 58 of 2015)
  • Marko Muenda v Benard Mugambi and Another (NBI HCCC No. 2343 of 1993)
  • Samwel Ongera Nyabuti and Another v Gilbert Odhiambo Okego and Another [2019] KEHC 759
  • Albert Odawa v Gichuru Gicheru [2007] KEHC 1358
  • Alice Wambui Kariuki and Another v Martin Odhuno and Attorney General and Another (High Court Civil Case No. 2699 of 1993)

Full judgment

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Najjemba Rose and Another v Angufibo Hassan and Mandela Millers Uganda Limited (HCT-14-CV-CS-0075-2021) [2025] UGHC 1304 (12 November 2025)
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.