Afaro v Uganda Breweries (Civil Suit 580 of 2002) [2005] UGHC 138 (4 March 2005)

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA CIVIL SUIT NO. 580 OF 2002

GILBERT AFARO PLAINTIFF

VERSUS

UGANDA BREWERIES DEFENDANTS

BEFORE: THE HON. MR. JUSTICE R. O. OKUMU WENGI

JUDGMENT:

The Plaintiff, a former employee of the defendant, sued the defendant for the sum of shs 22 million. The facts of the case are that while the Plaintiff worked for the defendant he sustained injuries to his vital mid section when he was crushed against a wall by a company fork lift. In the subsequent period of recovery the defendant offered and paid to the plaintiff some money. The problem is that as the serious nature of the Plaintiffs injuries emerged he demanded money. A letter said to be authored by a company employee offered him a sum of shs 20 million and 2 million as legal fees. It is on the basis of this offer, as It were, that the , ' -n'¹ plaintiff brought this suit.

1

For the defendant liability was denied. Instead the defendant contended that it had paid off the plaintiff a sum of shs 18,622,000/= The defendant also denied being bound by a letter said to have been written by one Edith Sali. When the matter came up for hearing on 7/5/2004 certain matters were agreed on, i.e. the fact of employment, the accident and injuries and the compensation paid of shs 18,622,000/=. The medical Report of 17/12/1997 (Pl) was admitted to say that the lacerations to his genital area and damage to his urinary bladder and pelvic area had resulted into impotence and associated discomforts. A memorandum of understanding (P2) was admitted as well as letters of Advocates P3 (i) to (ii); Hogg Minet Insurance letter of 1/12/99 (P.4) and another demand letter from an advocate of 4/3/02 were admitted. For the defendant scientific evidence (Exhibit D 1) was admitted during the trial. The contention arose from Exhibit P.6 in which Edith Sali, a Company Secretary offered the plaintiff a sum of shs 20,000,000/= by that exhibit dated 16/8/2000. In the letter the company secretary stated that the *⁶* compensation paid earlier had excluded the item for urine bladder. At the trial this was contested as a forged letter and the handwriting expert said that much. However in his testimony the witness conceded to not having seen another letter Exhibit P.8 penned by the same Edith Sali offering not only shs 20,000,000/= but also the shs 2 million legal fees. In other words no handwriting experts evidence was.offered to challenge it.

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*b*

When Edith Sali testified she told court that she considered the payment earlier made to the Plaintiff to be in full and final settlement of his claim. She denied making the offer to compensate the plaintiffs bladder, but conceded the same had been made on her company's letterheads. She denied ever writing the letter or the other letter exhibit P.8 either. She interestingly denied the affidavit put to her of Ochieng Ager. In further contest of the plaintiff's case the defendant was unable to secure the evidence of a police detective to further assist this court.

Having heard the case and seen the documents and on perusal of the submissions of both counsel it is apparent that this claim arose from the fact of payments considered inadequate to the plaintiff and the hope that exhibit P.8 provided. As I stated earlier, given all the admitted facts and medical evidence and; in view of the fact that Exhibit P.8 was not displaced by independent evidence other than that of the defence witness Edith Sali; I am of the view that the Plaintiff has proved his case on ^a balance of probabilities. I do tend to agree that even if there was initial payment, that payment did not preclude the further payment of shs 22 million in the full and final settlement of the plaintiffs' arguably justified claim. In the result I do enter judgment for the plaintiff in the sum of shs 22 million with no

further order for costs given that legal fees were inclusive. The plaintiff is entitled to interest on the same W. E. F from the date of filing and at 12% till payment in full.

R. O. Okumu Wengi JUDGE 1/3/2005.

4/3/2005

Mr. Wabwire holding brief for Mr. Peter Nagemi for the plaintiff. Mr. Mukiibi for the defendant (absent). Plaintiff not present.

Court: Judgment is read.

Paul Gadenya Wolimbwa

ASSISTANT REGISTRAR.

4/3/2005.

Mr. Mukiibi appears and is informed the results.

Paul Gadenya Wolimbwa

ASSISTANT REGISTRAR

4/3/2005.

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

Civil Suit# 580/2002

Gilbert Afaro------------Plaintiff

$VS$

Uganda Breweries Ltd------------------------------------

DECREE IN THE ORIGINAL SUIT

THIS SUIT coming for final disposal on the 4^th day of March 2005 before the Hon. Mr. Justice Richard Okumu Wengi J in a judgment delivered by His Worship, Mr. Paul Gadenya, the learned Registrar of Court in the presence of Counsel Anthony Wabwire-Musana, holding brief for Mr. Peter John Nagemi, Counsel for the Plaintiff, and Mr. Cornelius Mukiibi, Counsel for the Defendants, and upon hearing the evidence and submissions of Counsel for the both parties:

- 1. IT IS ORDERED and DECREED that judgment BE and IS HEREBY entered for the Plaintiff. - 2. IT IS DECREED that the Defendants doth pay to the Plaintiff a total sum of Ushs. 22,000,000 (inclusive of the lawyers' fees), with interest thereon at 12% p.a from the date of filing the suit till full realization.

This Decree has been extracted by M/s. Nagemi & Co Advocates. P.o Box 7744, Kampala

GIVEN under my hand and the seal of Court this.day of 1.2005 Ag. Dy/REGISTRAR

FEE PAID. RECEIPT No. For SECTIONALY TO JUDI DARY COURTS CEAUDIC TURE ANDA 20.40.41