Wakilii

Oloya Vicent V The Attorney General (Civil Suit No. 50 of 1999) (Civil Suit No. 50 of 1999)

High Court · [2009] UGHC 59 · 2009 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 motor vehicle accident involving government vehicle
Decision
Judgment entered for plaintiff with damages and costs awarded

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that a UPDF driver who crossed to the opposite side of the road and collided with a lawfully parked vehicle was negligent. Government was vicariously liable for damages caused by its employee acting within the scope of employment. Special damages totalling UGX 5,106,000 were awarded for vehicle repairs, spoilt goods, and transport costs, plus UGX 3,000,000 general damages. Interest at commercial rate of 20% per annum was granted.

Outcome

Judgment entered for plaintiff with damages and costs awarded

Facts

On 30 January 1999 at 8:00 p.m., the plaintiff lawfully parked his Isuzu pick-up registration number 162 UED on the proper side of the Kampala-Gulu Road at Layibi Trading Centre. The vehicle was carrying 35 bags of maize flour. A UPDF Tata lorry registration number DO 4DF 035, travelling in the opposite direction without lights, first struck a bus then crossed to the plaintiff's side of the road and collided with the plaintiff's stationary vehicle. The collision caused extensive damage to the plaintiff's vehicle and spoilt 17 bags of maize flour. The plaintiff reported the accident to Gulu Police Station. Police attended and prepared a sketch plan. After the accident, the UPDF vehicle was towed to the police station and later released to Col. Oketta, who invited the plaintiff to deal with UPDF about the accident.

Issues

  1. Whether the accident was caused by the negligence of the defendant's agent or employee.
  2. Whether the defendant is liable for the damages caused.
  3. What remedies are available to the plaintiff.

Orders

  • Judgment entered for the plaintiff against the defendant.
  • UGX 3,756,000 awarded for cost of vehicle repair.
  • UGX 850,000 awarded for value of 17 bags of maize flour wasted.
  • UGX 500,000 awarded for towing and transport expenses.
  • UGX 3,000,000 awarded as general damages.
  • Interest at 20% per annum on special damages from 30 January 1999 until payment in full.
  • Interest at 20% per annum on general damages from date of judgment until payment in full.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Negligence — Motor Vehicle Accidents — Duty of Care
A driver of a motor vehicle is under a duty to take reasonable care for the safety of other traffic on the road to avoid collision, which involves taking all measures to avoid collision. Once a possibility of danger is reasonably apparent and no precautions are taken, the driver is negligent, notwithstanding that the other driver or road user is in breach of traffic regulations or is himself negligent.
Negligence — Motor Vehicle Accidents — Crossing to Opposite Side of Road
A driver who leaves his proper side of the road, crosses to the opposite side, and collides with a vehicle lawfully parked on that side is negligent in causing the accident.
Vicarious Liability — Government Liability for Employee Acts
Government is vicariously liable for damages caused by its employee where the employee was an authorized driver acting in the course and within the scope of his employment when the accident occurred, and this may be inferred from the conduct of the government department following the accident in the absence of evidence to the contrary.
Special Damages — Pleading and Proof
Special damages must be specifically pleaded and strictly proved, and claims for lost income unsubstantiated by credible evidence such as business records or tax returns will be disallowed.
General Damages — Inconvenience and Deprivation of Use
A plaintiff who is deprived of the use of his motor vehicle and subjected to inconvenience in repairing the vehicle and following up matters with authorities is entitled to general damages for such inconvenience.
Interest — Commercial Rate for Business Persons
A business person awarded damages is entitled to interest on the sums awarded at the commercial rate, with interest on special damages running from the date of the accident and interest on general damages running from the date of judgment.

Cases cited (2)

  • Paulo Kato v Ugandan Transport Corporation (1975) HCB 120
  • Asadi Mugumuza v Agip Petrol Station (1975) HCB 288

Full judgment

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

Oloya Vicent V The Attorney General (Civil Suit No. 50 of 1999) (Civil Suit No. 50 of 1999) [2009] UGHC 59 (29 January 2009)
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.