Masembe v Sugar Corporation and Kagiri
Masembe v Sugar Corporation and Kagiri (Civil Appeal No. 1 of 2000) [2000] UGSC 37 (1 July 2000)
The Supreme Court found that both the tractor driver (2nd defendant) and the taxi driver contributed to the accident through negligent acts. The tractor and trailer were parked partly on the driving lane at night without adequate warning signs, though reflectors were present. The taxi driver failed to exercise reasonable care and attention, driving at a speed and manner that did not allow him to avoid the stationary trailer, despite clear road conditions and visibility. The trial judge's apportionment of 80% liability to the tractor driver and 20% to the taxi driver was manifestly erroneous,…
Source excerpt
- Negligence
- Contributory Negligence
- Apportionment Of Liability
- Vicarious Liability
- Personal Injury
- Damages And Interest