Wakilii

Nansubuga Josephine v Vision for Africa (High Court Civil Suit No. 969 of 2005) (High Court Civil Suit No. 969 of 2005)

High Court · [2006] UGHC 67 · 2006 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection by defendant that plaintiff's plaint does not disclose a cause of action
Decision
Preliminary objection dismissed; matter to proceed to trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that a plaint disclosing injuries caused by defendant's motor vehicle through driver's negligence shows a cause of action. Defendant's contention that plaintiff was paid full and final settlement does not deprive the plaint of disclosing a cause of action but raises a defence to be determined at trial. The preliminary objection was disallowed.

Outcome

Preliminary objection dismissed; matter to proceed to trial

Facts

On 7 March 2005, the plaintiff suffered injuries in a road traffic accident involving the defendant's motor vehicle number UAF 882Y. The plaintiff filed suit claiming damages for negligence. The defendant raised a preliminary objection contending that the plaintiff's plaint disclosed no cause of action because the plaintiff had been paid compensation in full and final settlement of any claims arising from the accident. The plaintiff denied receiving any compensation in her reply to the written statement of defence.

Issues

  1. Whether the plaintiff's plaint discloses a cause of action against the defendant.

Orders

  • Preliminary objection disallowed.
  • Costs of the objection awarded to the plaintiff.

Rules and key headnotes

Civil Procedure — Preliminary Objection — Cause of Action — Test for Determining Whether Plaint Discloses Cause of Action
Whether a plaint discloses a cause of action must be decided by perusal of the plaint alone together with anything attached to it, and upon the assumption that any express or implied allegations of fact in it are true.
Civil Procedure — Cause of Action — Essential Elements
A plaint discloses a cause of action if its averments show that the plaintiff enjoyed a right which has been violated and the defendant is responsible for that violation.
Civil Procedure — Preliminary Objection — Effect of Defence Pleadings on Cause of Action
A defendant's contention in the written statement of defence that a plaintiff was paid compensation in full and final settlement does not deprive the plaint of showing a cause of action; such a contention raises a defence to be determined at trial.

Cases cited (3)

  • Jeraf Shariff & Co v Chotai Fancy Stores [1960] EA 374
  • Auto Garage v Motokov (No. 3) [1971] EA 514
  • Joseph Mpamya v Attorney General [1966] II KALR 121

Full judgment

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

Nansubuga Josephine v Vision for Africa (High Court Civil Suit No. 969 of 2005) (High Court Civil Suit No. 969 of 2005) [2006] UGHC 67 (30 June 2006)
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.