Wakilii

Sulaisan Kabugo v Attorney General (Civil Suit No. 891 of 1987)

High Court · [1995] UGHC 72 · 1995 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for personal injuries arising from alleged negligent driving by government servant
Decision
Plaintiff awarded general damages of UGX 6,000,000 with interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court held that the plaintiff established on the balance of probabilities that an accident occurred on 21 April 1987 at Karempe along Kampala-Bombo Road, involving an army lorry registration number 14 RA 006. The driver was driving at high speed, lost control, swerved off the road and knocked down the plaintiff who was walking on the right side of the road off the tarmac. The defendant failed to adduce evidence contradicting the plaintiff's case. The defendant's driver was negligent and the defendant is vicariously liable. General damages of UGX 6,000,000 awarded with interest and costs.

Outcome

Plaintiff awarded general damages of UGX 6,000,000 with interest and costs

Facts

On 21 April 1987 at about 2 p.m., the plaintiff was walking along the right side of Kampala-Bombo Road at Karempe, off the tarmac. An army lorry bearing registration number 14 RA 006, travelling from the Bombo side, crossed from the left side of the road to the right side at high speed, swerved off the road and knocked down the plaintiff. Eyewitnesses including Joshua Ssuunju saw the plaintiff trapped under the vehicle and assisted soldiers on the lorry to pull him out. The plaintiff was bleeding from his left thigh and stomach. The Officer in Charge of Traffic, Kampala Area, received a report of the accident and ordered an investigation. The plaintiff, a minor suing through his next friend, sustained severe personal injuries requiring medical treatment at Mulago Hospital and subsequent follow-up care.

Issues

  1. Whether the accident occurred.
  2. Whether the plaintiff was knocked down by the defendant's motor vehicle.
  3. Whether the defendant's servant was negligent.
  4. Whether the plaintiff suffered the alleged or any injuries.
  5. Quantum of damages recoverable by the plaintiff.

Orders

  • Judgment entered in favour of the plaintiff against the defendant.
  • General damages of UGX 6,000,000 awarded to the plaintiff.
  • Interest at the court rate on the awarded sum from the date of judgment until full payment.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Negligence — Duty of Care — Motor Vehicle Drivers
A driver of a motor vehicle owes a duty to observe ordinary care or skill towards persons using the highway whom he could reasonably foresee as likely to be affected by his actions.
Negligence — Proof of Liability — Elements
To establish liability in negligence, the plaintiff must prove that the defendant owed him a duty of care, that the defendant failed to exercise due care, and that the defendant's failure was the cause of his injury.
Burden of Proof — Non-existence of Fact
Where a party asserts the non-existence of a fact or thing, including a motor vehicle registration number, the onus is upon that party to adduce evidence to establish its non-existence.
Vicarious Liability — Government Liability for Servants
The government is vicariously liable for the negligent acts of its servants, including drivers of government vehicles, committed in the course of their employment.
Personal Injury — Assessment — Permanent Disability
In assessing general damages for personal injury resulting in permanent disability, the court considers the nature and extent of the injuries, the degree of permanent impairment, pain and suffering, and loss of amenities of life.

Cases cited (7)

  • Rushana V. Eleet Transport Company Ltd. /196/BA. 102
  • Kibi Walaka v Abu Mugendo HCCS No. 676 of 1978
  • Bhamrshanker Metha V. C. L Patel and Co. (1994 55) EA
  • Banker V. Jillian /1979/ AC 467 at page 491
  • B Kitarire V. Ado Builders and another /1977/ H C B N
  • Winnioes Electric Company V. Geel /1972/ AC 590
  • Woods v. Duncan /1946/ AC 401

Full judgment

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

Sulaisan Kabugo v Attorney General (Civil Suit No. 891 of 1987) [1995] UGHC 72 (3 March 1995)
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.