Wakilii

Ssekalo Sam Dan v Joint Clinical Research Centre (Civil Suit No.1209 of 1999) (Civil Suit No.1209 of 1999)

High Court · [2008] UGHC 39 · 2008 Judgment for Plaintiff — Damages Awarded 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, heard ex parte after defendant failed to file defence
Decision
Plaintiff awarded total damages of UGX 54,216,800 with interest until payment in full

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court found the defendant's driver negligent for driving on the wrong side of the road and causing a collision. The plaintiff, a former teacher and clerk who sustained serious head injuries resulting in epilepsy and 30-40% permanent disability, was awarded UGX 50,000,000 in general damages. Special damages of UGX 4,216,800 were awarded for medical expenses, lost cash, and travel costs.

Outcome

Plaintiff awarded total damages of UGX 54,216,800 with interest until payment in full

Facts

On 16 October 1998, the plaintiff was a passenger in motor vehicle registration number 761 UDK travelling from Entebbe to Kampala. At Kitinda along the Entebbe-Kampala highway, the vehicle was struck on the left side by motor vehicle registration number UE 1128, a white double cabin truck owned and operated by the defendant Joint Clinical Research Centre. The plaintiff sustained serious head injuries including loss of consciousness until the following day. The injuries resulted in epilepsy, incontinence, weakness on his left side, and diminished sexual function. He was assessed at 30-40% permanent disability. Previously employed as a primary school mathematics and science teacher and as a clerk at Atlas Cargo Systems, the plaintiff could no longer work in those capacities. At the time of the accident, the plaintiff was carrying UGX 3,000,000 in cash belonging to his niece Florence Meme for safe delivery, which was lost in the accident. The defendant failed to file a written statement of defence and interlocutory judgment was entered, with the matter proceeding to assessment of damages.

Issues

  1. Whether the defendant's driver was negligent in causing the motor vehicle accident.
  2. What quantum of general damages should be awarded to the plaintiff for personal injuries sustained.
  3. Whether the plaintiff proved special damages for lost cash and medical expenses.

Orders

  • Judgment entered in favour of the plaintiff.
  • General damages awarded at UGX 50,000,000.
  • Special damages awarded at UGX 4,216,800.
  • Total decree granted for UGX 54,216,800.
  • Costs awarded to the plaintiff.
  • Interest awarded on the total sum until payment in full.

Rules and key headnotes

Negligence — Motor Vehicle Accidents — Res Ipsa Loquitur — Presumption of Negligence
Vehicles normally do not collide or hit other objects unless there is negligence on the part of one or more of the drivers. The principle of res ipsa loquitur applies such that the occurrence of a collision itself establishes a prima facie case of negligence, and courts may draw an inference of negligence from the mere fact of the accident in the absence of evidence to the contrary.
Vicarious Liability — Scope of Employment — Presumption in Absence of Contrary Evidence
Where a defendant employer fails to adduce evidence in proceedings heard ex parte, and there is no evidence suggesting that the driver was acting outside the scope of employment or duties at the time of the accident, the court will presume that the driver was acting within the scope of employment and hold the employer vicariously liable.
General Damages — Personal Injury — Compensatory Principle
Damages in tort are compensatory and the court's task is to award damages that will, as far as money can do it, put the plaintiff in the position he would have been in had the accident not occurred.
General Damages — Assessment — Consideration of Inflation and Loss of Earning Capacity
In assessing general damages for personal injury, the court must take into account the diminution in purchasing power of the currency due to inflation since previous comparable awards, the percentage of permanent disability, the plaintiff's age, and the extent to which the injuries have affected the plaintiff's ability to earn a livelihood.
Special Damages — Proof — Documentary and Oral Evidence
Special damages must be strictly proved, but there is no rule that documentary evidence is the only means of proving them. Oral evidence may suffice where it is credible and not rebutted, particularly where the claim relates to cash lost in circumstances connected to the defendant's negligence.

Cases cited (5)

  • Visram & Karsan v Bhall [1965] EA 789
  • Kiwanuka Lwanyaga v Attorney General (High Court Civil Suit No. 69 of 1982)
  • Robert Cousens v Attorney General (High Court Civil Suit No. 467 of 1996)
  • Dr Charles Mugenyi Kiiza v Action Aid (High Court Civil Suit No. 1312 of 1997)
  • Nzaramba Ndambe Magnifique v Happy Trails & Another (High Court Civil Suit No. 734 of 1997)

Full judgment

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

Ssekalo Sam Dan v Joint Clinical Research Centre (Civil Suit No.1209 of 1999) (Civil Suit No.1209 of 1999) [2008] UGHC 39 (27 August 2008)
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.