Wakilii

Turyatemba v Musinguzi (Hct Civil Appeal No.035 of 2007)

High Court · [2012] UGHC 155 · 2012 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's decision awarding damages for injuries sustained in road traffic accident
Decision
Appeal dismissed. Trial court's award of general damages of Shs. 12,000,000 plus costs upheld.

Observed later treatment

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Holding

Held that a defendant who pleads guilty to criminal liability for reckless driving causing bodily injury is liable in civil proceedings for negligence. Medical evidence from a doctor who read and restated another doctor's recorded findings is admissible where the original doctor is unavailable, and failure to formally tender the medical report is a technical error that does not invalidate oral evidence given on oath. An appellate court will not interfere with a trial court's damages award unless it acted on wrong principles or the amount is manifestly excessive or inadequate. The award of Shs. 12,000,000 for removal of the spleen and multiple injuries was upheld.

Outcome

Appeal dismissed. Trial court's award of general damages of Shs. 12,000,000 plus costs upheld.

Facts

On 9 September 2005, the appellant was driving motor vehicle UAG 423 C and collided with a motorcycle carrying the respondent as a passenger at Rwenyerere. The respondent sustained multiple injuries including injury to the forehead, left arm, and left side of the body. He was hospitalised at Kisiizi Hospital where his spleen was removed during surgery. The appellant was charged with causing bodily injury through reckless driving contrary to the Traffic and Road Safety Act 1970, pleaded guilty, was convicted and paid a fine of Shs. 5,000. The respondent sued for general damages in the Chief Magistrate's Court at Rukungiri, which awarded Shs. 12,000,000. The appellant appealed, arguing that the wrong party was sued, that medical evidence was improperly admitted, and that the damages were excessive.

Issues

  1. Whether the trial magistrate erred in permitting Dr. Mugwanya to testify instead of Dr. Okumu and relying on that testimony.
  2. Whether the trial magistrate erred in law and on evidence in awarding general damages to the respondent.
  3. Whether the award of Shs. 12,000,000 as general damages was excessive and unconscionable.
  4. Whether the respondent sued the correct party.

Orders

  • Appeal dismissed.
  • General damages in the sum of Shs. 12,000,000 upheld.
  • Costs of the appeal awarded to the respondent.
  • Costs in the lower court upheld.
  • Interest on the decretal sum at 6% per annum from the date of judgment until payment in full.

Rules and key headnotes

Tort Law — Negligence — Road Traffic Accidents — Effect of Criminal Conviction — Civil Liability
A defendant who pleads guilty to a criminal offence of reckless driving causing bodily injury accepts liability and places himself in a suable position in civil proceedings for negligence arising from the same incident.
Tort Law — Negligence — Burden of Proof — Contributory Negligence — Duty to Prove
Where circumstances of an accident give rise to an inference of negligence or recklessness, the defendant has a duty to prove there was a probable cause of the accident which does not connote negligence. A defendant who alleges contributory negligence has the burden of pleading and proving it.
Evidence — Medical Evidence — Admissibility — Evidence from Doctor Reading Another's Records
Medical evidence from a doctor who reads and restates findings recorded by another doctor who is unavailable is admissible where the testifying doctor is familiar with the original doctor's handwriting and the witness is adequately cross-examined. Failure to formally tender the medical report as an exhibit is a technical error that does not invalidate the substance of evidence recorded on oath.
Damages & Quantum — Assessment of Damages — Appellate Interference — Principles
An appellate court will not interfere with a trial court's quantum of damages unless satisfied that the award was based on a wrong principle of law or is so manifestly excessive or inadequate or otherwise incorrect that a wrong principle may be inferred.
Civil Procedure — Parties — Joinder — Third Party Proceedings — Failure to Join Co-Tortfeasor
A plaintiff is free to sue any one or all persons who owed him a duty of care which was breached. A defendant who contends that another person was responsible or partly responsible for the accident has the duty to prove this and may do so through third party proceedings to join that person as a co-defendant.

Legislation cited (2)

Cases cited (5)

  • Embu Public Road Services Ltd v Rimmi [1968] EA 22
  • Namatovu Fatuma Muwongye v Attorney General (HCCS No. 1001 of 2001)
  • Obongo and Another v Municipal Council of Kenya [1971] EA 91
  • Uganda Breweries Ltd v Uganda Railways Corporation (2002) EA (SCU)
  • Butt v Khan (Civil Appeal No. 40 of 1977)

Full judgment

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

Turyatemba v Musinguzi (Hct Civil Appeal No.035 of 2007) [2012] UGHC 155 (7 August 2012)
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.