Wakilii

Rwanyarare v Engano Millers Limited (Civil Suit 20 of 2017)

High Court · [2024] UGHC 173 · 2024 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 the plaintiff's motorcycle and the defendant's delivery van
Decision
The plaintiff was awarded general damages of UGX 8,000,000 with interest and costs. Special damages were dismissed. The defendant held 50% liable due to contributory negligence of the plaintiff's rider.

Observed later treatment

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Holding

The High Court held that the defendant's truck driver was negligent in entering the main road from a side entrance without exercising adequate caution. However, the plaintiff's motorcycle rider was found contributorily negligent in failing to exercise caution while overtaking a stationary trailer, resulting in a head-on collision. Liability was apportioned at 50% each. The defendant was held vicariously liable. The plaintiff was awarded general damages of UGX 8,000,000 with interest at 6% per annum from judgment, but special damages claims were dismissed for lack of proof.

Outcome

The plaintiff was awarded general damages of UGX 8,000,000 with interest and costs. Special damages were dismissed. The defendant held 50% liable due to contributory negligence of the plaintiff's rider.

Facts

On 18 October 2016, the plaintiff's three-wheeler motorcycle (registration UEK 643H) collided with the defendant's delivery van (registration UAX 721B) along the Mbarara-Masaka highway. The motorcycle was on the main road, being ridden by an authorised driver employed by the plaintiff to deliver milk for his business. The defendant's truck was exiting Hass Petrol Station and entering the main road when the collision occurred. The motorcycle rider sustained serious injuries including a broken left arm, leg injuries, and chest pains, and was hospitalised for a week. The motorcycle was extensively damaged at the front. The defendant took the motorcycle and undertook to repair it. The defendant asserted that a trailer on the main road stopped to give way to the truck, and the motorcycle, in attempting to overtake the stationary trailer, struck the truck's driver-side door. The plaintiff's witnesses testified that the truck negligently entered the road without stopping to observe oncoming traffic and struck the motorcycle sideways.

Issues

  1. Whether the Defendant's driver was negligent.
  2. Whether the Defendant is vicariously liable for the actions of its driver.
  3. What are the available remedies?

Orders

  • The defendant was vicariously liable for the negligence of its driver.
  • Liability for the accident apportioned 50% to the defendant's driver and 50% to the plaintiff's motorcycle rider on account of contributory negligence.
  • The plaintiff awarded general damages of UGX 8,000,000.
  • Interest at 6% per annum awarded on general damages from the date of judgment until payment in full.
  • Special damages claim dismissed for lack of proof.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Negligence — Duty of care owed by motor vehicle drivers
A driver of a motor vehicle is under a duty to take reasonable care of the safety of other traffic on the road. Once the possibility of danger emerging is reasonably apparent and no precautions are taken by the driver, then they are held to be negligent despite the fact that the other road user is negligent or in breach of some traffic regulations.
Negligence — Right of way — Duty of driver entering main road from side entrance
A driver on the main road or highway has the right of way as compared to a driver trying to enter the main road or highway. The driver coming onto the highway or main road is expected to exercise a high degree of care while coming onto the road. A driver on the main road may be negligent if he did not or could not stop in time to avoid an obstacle in his pathway, but a greater duty of care must lie on the driver of the vehicle coming out onto the main road who should only do so when he would cause no obstruction to the users of the main road.
Contributory negligence — Duty to take reasonable care for one's own safety
Where the plaintiff fails to take reasonable care of his or her own safety where means and opportunity are afforded to do so leading to injury, they are said to have, by their actions or omissions, contributed to their injury. When the doctrine of contributory negligence is triggered, it does not defeat a plaintiff's action but his or her damages will be reduced according to what the court thinks is just and equitable. A person is guilty of contributory negligence if he or she ought reasonably to have foreseen that, if he or she did not act as a reasonable, prudent person, he or she might be hurt.
Vicarious liability — Liability of employer for torts of employee in course of employment
Employers may be vicariously liable for the torts of their employees that are committed during the course of employment. Vicarious liability is a relationship-based liability. To establish and apportion liability, the court must ask: (1) Was the tort committed? (2) Was there a relationship between the tortfeasor and employer capable of giving rise to vicarious liability? (3) Was there a close connection between that relationship and the tort committed?
Special damages — Proof required
Special damages are damages which can be computed in terms of money or which can be specifically proved. To succeed in a claim for special damages, the plaintiff must adduce evidence proving the losses claimed, including receipts, vouchers, or other documentation establishing that the expenses were actually incurred.
General damages — Remoteness of damage — Pure economic loss
A person owes a duty of care not to cause physical damage to another person's property, and if this duty is breached, then they are liable to pay damages to compensate for the diminution in value of that property and any other financial loss consequent on the damage. However, the loss occasioned must not be too remote to the damage caused. Pure economic loss is not recoverable. Loss is too remote to be recoverable as damages if the type of loss suffered was not reasonably foreseeable at the time of the breach of duty.
Scheduling conference — Mandatory nature of joint scheduling memorandum
A scheduling conference under Order 12 rule 1 of the Civil Procedure Rules is intended to sort out points of agreement or disagreement, the possibility of mediation, arbitration, and any other settlement. It is mandatory to schedule a conference under civil cases. The parties are expected to develop a joint scheduling memorandum which enables them to identify issues for disagreement between them, evidence to be relied on, witnesses, and timetables for the progress of the case. Issues for determination by the court are those raised in the joint scheduling memorandum, and new issues raised in submissions but not in the memorandum will not be considered.

Legislation cited (5)

Cases cited (36)

  • Miller v Minister of Pensions [1972] 2 All ER 372
  • Nakivumbi and 9 Others v Leather Industries Limited (Labour Dispute Reference No. 8 of 2021)
  • Grant v Australian Knitting Mills Ltd [1936] AC
  • Vaughan v Taff Vale Railway Co (1860) 5 H & N 679
  • Fardon v Harcourt-Rivington (1932) 146 LT 391
  • Scott v London & St Katherine Docks Co (1865) 3 H & C 596
  • Kato v Uganda Transport Corporation [1975] HCB 11
  • Sekitoleko v Kato and Another (Civil Suit No. 97 of 2017)
  • Atto v Waibi and Another (Civil Suit No. 26 of 2013)
  • Fernandes v Noronha [1969] EACA 3
  • Habre International Co Ltd v Alarakhia and Others (Civil Appeal No. 4 of 1999)
  • Uganda Revenue Authority v Mabosi (Civil Appeal No. 26 of 1995) [1996] UGSC 16
  • Lewis v Denye [1939] 1 KB 540
  • Vyas Industries v Diocese of Meru [1976-1985] EA 596
  • Standard Chartered Bank v Pakistan National Shipping Corp [2002] UKHL 43
  • Catholic Child Welfare Society v Institute of the Brothers of the Christian Schools [2012] UKSC 56
  • Broome v Cassell & Co [1972] AC 1027
  • GSRTC v Hargovindas R Modi and 6 Others AIR 2007 GUJ 39
  • Price v Easton (1833) 4 B & Ad 433
  • Tweddle v Atkinson (1861) 1 B & S 393
  • Suffish International Food Processors (U) Ltd v Egypt Air Corp t/a Egyptair Uganda (Civil Appeal No. 15 of 2001)
  • Kasozi and 3 Others v Peoples Transport Services Limited (Civil Suit No. 680 of 1992)
  • Uganda Commercial Bank v Kigozi [2002] 1 EA 305
  • Acire v Engonda (Civil Suit No. 143 of 1993)
  • Kibimba Rice v Salim (Civil Appeal No. 17 of 1992)
  • SCM (United Kingdom) Ltd v WJ Whittall & Son Ltd [1971] 1 QB 337
  • Spartan Steel and Alloys Ltd v Martin & Co (Contractors) Ltd [1973] QB 27
  • Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465
  • Armstead v Royal & Sun Alliance Insurance Ltd [2024] UKSC 6
  • Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound) [1961] AC 388
  • Mukankusi v Uganda Revenue Authority (Civil Appeal No. 6 of 2011)
  • Iron & Steel Wares Ltd v GW Martrs & Company [ULR] 146
  • Omunyokol v Attorney General [2012] UGSC 4
  • Crescent Transportation Co Ltd v Bin Technical Services Ltd (Civil Appeal No. 25 of 2000)
  • Mukankusi v Uganda Revenue Authority (Civil Appeal No. 6 of 2011)
  • Mbabazi and Another v Matco Stores Ltd and Another (Civil Reference No. 15 of 2004)

Full judgment

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Rwanyarare v Engano Millers Limited (Civil Suit 20 of 2017) [2024] UGHC 173 (16 April 2024)
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.