Wakilii

Serubiri v UMEME Limited (Civil Suit 469 of 2017)

High Court · [2023] UGHCCD 423 · 2023 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for negligence arising from electrocution injuries
Decision
Judgment entered for the plaintiff with general damages of UGX 500,000,000 plus interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that UMEME Limited owed a duty of care to ensure its electricity distribution infrastructure was safe and breached that duty by failing to maintain an electricity pole that fell, causing live wires to electrocute a seven-year-old child. The defendant's failure to conduct regular inspections and maintenance despite visible signs of deterioration constituted negligence. General damages of UGX 500,000,000 awarded for the amputation of the plaintiff's dominant arm and permanent disability. Special damages for prosthetic arm denied for lack of proof. Exemplary damages denied.

Outcome

Judgment entered for the plaintiff with general damages of UGX 500,000,000 plus interest and costs

Facts

On 6 May 2017, Serubiri Angelo, a seven-year-old child, was electrocuted at his parents' home in Kasange Ward, Kyengera Town Council, Wakiso District when an electricity pole managed by UMEME Limited fell, causing live transmission wires to come into contact with him. Residents had allegedly notified UMEME about the rotten pole two weeks before the incident. The pole fell in an area where brick-laying activities had been taking place, which weakened the pole's foundation. As a result of the electrocution, the plaintiff was flung into the air multiple times, hit his head on the ground, suffered severe electrical burns, and his left dominant arm was amputated at the shoulder. He also sustained scalp burns reaching to the bone and suffered trauma. UMEME's last inspection of the area had been conducted in December 2016, five months before the incident.

Issues

  1. Whether the Defendant was negligent.
  2. What remedies are available to the parties.

Orders

  • The Defendant is hereby ordered to pay the Plaintiff general damages of UGX 500,000,000 (Uganda Shillings Five Hundred Million).
  • The general damages will attract interest of 15% from the date of judgement, till payment in full.
  • The Defendant is ordered to pay the Plaintiff the costs of this suit.
  • The costs shall attract interest of 6% per annum from the date it is taxed till payment in full.

Rules and key headnotes

Negligence — Duty of Care — Electricity Distribution Companies
An electricity distribution company owes a duty of care to members of the public to ensure that its live electricity distribution wires do not become loose and thereby pose a risk of electrocution, as it can reasonably foresee that loose live wires would be likely to injure persons who come into contact with them.
Negligence — Breach of Duty — Failure to Maintain Infrastructure
An electricity distribution company breaches its duty of care when it fails to carry out regular maintenance and inspections of its electricity poles and wires, particularly where visible signs of deterioration exist over a reasonable period of time, and such failure results in a pole falling and live wires electrocuting a member of the public.
Negligence — Causation — Intervening Acts
The fact that third-party activities such as brick-laying may have contributed to weakening an electricity pole does not absolve the electricity distribution company of liability where the company failed to conduct regular inspections that would have revealed the deteriorating condition of the pole in time to prevent injury.
Special Damages — Proof Required
Special damages must be specifically pleaded and proved with particularity. A claim for the cost of prosthetic arms based on a website citation will be denied where the witness testifying to the amount does not know how the figure was arrived at and the website does not exist when cross-checked by the court.
General Damages — Assessment for Amputation and Permanent Disability
In assessing general damages for a child who suffered amputation of a dominant arm, scalp burns, and permanent disability as a result of electrocution, the court will consider the physical injuries, the continuing mental distress the plaintiff will suffer for the rest of his life, and his inability to perform certain functions independently.
Exemplary Damages — Requirements for Award
Exemplary or punitive damages are awarded only when the defendant's willful acts were malicious, violent, oppressive, fraudulent, wanton, or grossly reckless. Such damages will not be awarded in the absence of evidence supporting such conduct, even where negligence has been established.

Legislation cited (5)

Cases cited (9)

  • Donoghue v Stevenson [1932] AC 562
  • Sebuliba v Co-operative Bank (1982) HCB 129
  • Miller v Minister of Pensions [1947] 2 All ER 372
  • Uganda Telecom Ltd v Tanzanite Corporation [2005] 2 EA 341
  • Bagenda Dyabe Tommy v Pioneer Easy Bus Limited (High Court Civil Suit No. 36 of 2016)
  • Dorothy Tuma v Elizabeth Muller & Anor (Civil Suit No. 229 of 2011)
  • Obongo v Municipal Council of Kisumu [1971] EA 91
  • O'Connor v Hewston [1979] Crim LR 46 (CA)
  • Archer Brown [1985] QB 401

Full judgment

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

Serubiri v UMEME Limited (Civil Suit 469 of 2017) [2023] UGHCCD 423 (6 September 2023)
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.