Wakilii

Yoseph Lubega & Ors v International Ventures Ltd (Civil Suit No. 517 of 1991)

High Court · [1993] UGHC 13 · 1993 Judgment for Defendant 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
Decision
Suit dismissed. Plaintiffs' claim for damages rejected on finding that defendant's driver was not negligent and plaintiffs' driver was negligent.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the plaintiffs failed to prove on the balance of probabilities that the defendant's driver was negligent in causing the motor vehicle accident. The court found that the driver of the plaintiffs' vehicle (UXE 872) was negligent, as the vehicle was overloaded with four passengers in the front seat and was driven at high speed. The doctrine of res ipsa loquitur did not apply as the defendant explained how the accident occurred. Claim dismissed with costs.

Outcome

Suit dismissed. Plaintiffs' claim for damages rejected on finding that defendant's driver was not negligent and plaintiffs' driver was negligent.

Facts

On 26 May 1991, the plaintiffs were passengers in a Peugeot vehicle (UXE 872) travelling from Masaka to Kampala. At Mpungwe, approximately 12 miles from Masaka, the vehicle collided with a Land Rover (UPI 066) owned by the defendant and driven by Grace Ibingira (DW1). The accident occurred on a corner of the road. The first plaintiff sustained fractures to his third and fourth ribs and was hospitalized for approximately six weeks. The second plaintiff sustained a fracture of the lower tibia and fibula resulting in the right leg being half an inch shorter than the left. The driver of the plaintiffs' vehicle died at the scene. The plaintiffs claimed the defendant's driver was negligent. The defendant contended that the plaintiffs' vehicle was on the wrong side of the road, speeding, and overloaded with four passengers in the front seat including the driver.

Issues

  1. Whether the defendant's servant/agent were negligent.
  2. Whether the driver of motor vehicle UXE 872 was negligent.
  3. Was the accident inevitable?
  4. If the defendant is found liable, what is the quantum of damages?

Orders

  • Claim of the third plaintiff dismissed for non-appearance pursuant to Order 19 Rule 19 of the Civil Procedure Rules.
  • Plaintiffs' suit dismissed with costs to the defendant.

Rules and key headnotes

Negligence — Elements — Legal duty, breach, and damage
Negligence as a tort comprises three essential ingredients: a legal duty on the part of the defendant towards the plaintiff to exercise care, breach of that duty, and consequential damage to the plaintiff.
Negligence — Neighbour principle — Duty to take reasonable care
Under the neighbour principle from Donoghue v Stevenson, a duty is placed upon a person to take reasonable care in acts or omissions which he can reasonably foresee as likely to injure persons so closely and directly affected by his acts that he ought reasonably to have them in contemplation as being so affected.
Motor vehicle accidents — Standard of care — Duty to anticipate obstructions
A driver of a motor vehicle must anticipate that there may be things, people, and animals in the way at any moment and must not drive faster than will permit him to stop or deflect his course at any time to avoid anything he sees after he has seen it.
Res ipsa loquitur — Application — Requirement of explanation
The maxim res ipsa loquitur is not a principle of liability but a rule of evidence that entitles the plaintiff to rely as evidence of negligence upon the mere happening of the accident where the thing complained of was under the control of the defendant and the accident is such as would not ordinarily occur without negligence. Where the defendant provides an explanation of how the accident occurred that is inconsistent with negligence on his part, or shows there was no lack of reasonable care, the maxim does not apply.
Burden of proof — Civil cases — Balance of probabilities
In a civil suit for damages arising from a motor vehicle accident, the plaintiff must prove his case on the balance of probabilities. Where the plaintiff became unconscious after the accident and provides no independent witness evidence as to how the accident occurred, the plaintiff fails to discharge the burden of proof.

Legislation cited (2)

Cases cited (14)

  • Blyth v Birmingham Water Works (1856) 11 Ex P. 784
  • Donogue v Stevenson [1932] At 562
  • Frederick Senyonga v Construction Engineer and Builders Pakwach Arua Road (1979) HCB 232
  • Adrea Sinzumisi v Gomba Bus Service (Civil Appeal No. 1289 of 1975)
  • Tart v Chilty and Co [1931] AER Pages 828-829
  • Catherine Kiwanuka v Attorney General (High Court Civil Suit No. 69 of 1982)
  • Kizito v Libyan Arab Bank for Foreign Trade Development (1982) HCB 126
  • Hoe v Ministry of Health [1954] Pages 66, 87-88
  • Embu Public Road Services v Rumi [1968] EA 22
  • Nsiri Mulidani v Nazzar Bin [1960] EA 20
  • Barkely v South Water Transport Co Ltd [1950] 1 ALLER 392
  • Nsumbe v Kitembe Mines (1975) HCB 152
  • Nabulya v Kalibala (1975) HCB 386
  • Vicent Njuba Mugweri v Bus Service Co and Kafuko Waiswa (1972) HCB 158

Full judgment

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

Yoseph Lubega & Ors v International Ventures Ltd (Civil Suit No. 517 of 1991) [1993] UGHC 13 (3 December 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.