Wakilii

Nalwendo v Attorney General (CIVIL SUIT NO. 70 OF 2013)

High Court · [2017] UGHCCD 103 · 2017 Damages Awarded AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for negligence — judgment on quantum for treatment abroad following partial judgment on admission
Decision
Plaintiff awarded damages for further medical treatment abroad in partial satisfaction of claim

Observed later treatment

Cited — treatment unverified cited in 1 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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.

No adverse treatment recorded Cited 1 time with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The plaintiff, shot by police officers while seven months pregnant and severely injured, was entitled to damages for further medical treatment in India. The court awarded USD 6,500 for surgery, USD 880 for one air ticket, and UGX 5,000,000 for upkeep, finding the plaintiff's full claim excessive but accepting that further treatment for itching scars and intestinal complications was necessary.

Outcome

Plaintiff awarded damages for further medical treatment abroad in partial satisfaction of claim

Facts

On 14 April 2011 at Kajjansi, the plaintiff, who was seven months pregnant, was travelling lawfully when she was shot by policemen. She was shot in the abdomen, causing her intestines to pour out. While on the ground, policemen released a tear gas canister on her body, burning her from neck to knees. She was taken to Mulago Hospital for treatment, where her intestinal damage was addressed and skin grafting performed. The defendant initially denied liability but later proposed settlement terms on liability, accepting UGX 80,000,000 general damages and UGX 20,000,000 exemplary damages. The contested issue was quantum for further treatment abroad. Dr. Makobore testified that the plaintiff continued to suffer pain, itching scars on abdomen and thighs, and complications from intestinal damage, recommending treatment at BLK Super Specialty Hospital in New Delhi for pin hole surgery unavailable in Uganda.

Issues

  1. What quantum of damages should be awarded for further medical treatment abroad?

Orders

  • USD 6,500 awarded for surgery in India.
  • USD 880 awarded for one air ticket to India.
  • UGX 5,000,000 awarded for upkeep while in India.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Damages & Quantum — Assessment — Medical Treatment Abroad
Where a plaintiff requires further medical treatment for injuries sustained through the defendant's negligence and the necessary treatment is unavailable in Uganda, the court may award damages to cover the cost of treatment abroad, including surgery, travel, and upkeep expenses, but will moderate claims found to be excessive.
Tort Law — Negligence — Police Brutality — Damages Assessment
In assessing damages for future medical treatment following police brutality resulting in severe physical injury, the court will consider expert medical evidence on the necessity of treatment abroad and will award reasonable sums for surgery, travel, and living expenses while moderating inflated claims.

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.

Full judgment

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

Nalwendo Vs Attorney General (CIVIL SUIT NO. 70 OF 2013) [2017] UGHCCD 103 (13 July 2017)
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.