Wakilii

Tugumikirize v Uganda Electricity Board (Civil Suit 51 of 93)

High Court · [1993] UGHC 90 · 1993 Judgment for Plaintiff — Damages Awarded AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for general damages for personal injuries
Decision
Plaintiff awarded UGX 16,000,000 damages with interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that the plaintiff, a ten-year-old boy who suffered severe electrical burns from the defendant's fallen transmission lines, resulting in extensive scarring, likely impotence, stiff knees, and 60% permanent disability after seven months hospitalisation, was entitled to UGX 16,000,000 in general damages for pain and suffering and loss of amenities.

Outcome

Plaintiff awarded UGX 16,000,000 damages with interest and costs

Facts

The plaintiff, a minor aged 10 years, was electrocuted on 15 May 1992 when he stepped on a loose electric wire lying on the ground after a transmission pole belonging to the defendant had fallen down. He was admitted to Virika Hospital unconscious, with extensive burn wounds on the front and back of his chest and abdomen, penis, scrotum, and upper and lower limbs. He regained consciousness after one day. He remained hospitalised for over seven months, being discharged on 15 January 1993. At examination on 3 May 1993, wounds on the chest and abdomen had healed but wounds behind both knees remained unhealed. He had limited movement in both knees and complained of impotence. His permanent disability was assessed at 60%. The defendant admitted liability at the outset of the hearing, leaving only quantum of damages to be determined.

Issues

  1. What is the appropriate quantum of general damages for a minor who sustained severe electrical burns resulting in 60% permanent disability?

Orders

  • General damages awarded to the plaintiff in the sum of UGX 16,000,000 (sixteen million shillings).
  • Interest awarded at court rate from the date of judgment until payment in full.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Damages & Quantum — Assessment of General Damages — Severe Electrical Burns to Minor
In assessing general damages for a minor who sustained severe electrical burns resulting in extensive scarring, likely impotence, permanent stiffness in the knees, and 60% permanent disability following seven months of hospitalisation, the court must consider the severity of injuries, the period of hospitalisation, pain and suffering endured, the permanence of scarring and disability, and the impact on future quality of life including loss of sexual function.
Damages & Quantum — Use of Dollar Formula in Adjusting Previous Awards for Inflation
When assessing quantum of damages, the court prefers to follow recent court decisions rather than applying a dollar formula to convert old awards by the prevailing exchange rate. The dollar may be used as a guide to show the rate of inflation but should not be mechanically applied to convert old awards without other considerations.
Evidence — Medical Evidence — Standard of Proof for Impotence
Where a medical report states that a plaintiff complained of impotence but does not contain a medical finding confirming or denying that complaint, the court may on a balance of probabilities find that impotence is likely where the plaintiff sustained severe burns to the penis that left only a stump.

Cases cited (5)

  • Godfrey M vs. Uganda Electricity Board HCCS 95 (B) of 1989 unreported
  • Severino Bamweqesiyo vs. Attorney General of Uganda HCCS No. 168 reported in Muttenson's Book on Quantum of Damages 3rd Ed Page 71
  • Adriani Abasa vs Attorney General Uganda HCCS No. 111 Muttensor's Book on Quantum of Damages 3rd Ed P.74
  • Ntimba ver. UEB Civil Appeal 15 of 1992
  • HCCS No. 84/1990 Elisa Musanazi vs. UEB

Full judgment

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

Tugumikirize v Uganda Electricity Board (Civil Suit 51 of 93) [1993] UGHC 90 (4 June 1993)
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.