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Uganda decisions
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Mukhaye & Another v Kinyajui & 2 Others (Civil Suit 47 of 2021) [2025] UGHC 299 (19 May 2025)
The High Court of Uganda held the first defendant negligent in a fatal road accident and found the second defendant vicariously liable, awarding damages and costs.
Kabanda v YY Coaches & Courier Services Limited & Another (Civil Suit 144 of 2022) [2024] UGHCCD 169 (24 October 2024)
The court found that the Plaintiff had sufficiently pleaded facts establishing a relationship between the Defendants and the driver, and that admissions in the joint written statement of defence supported the employer-employee relationship necessary for vicarious liability. The court held that it is not mandatory to join the tortfeasor for vicarious liability to attach to the employer, and that the Plaintiff, as a dependant, may sue directly under the Law Reform (Miscellaneous Provisions) Act. The court rejected the argument that the deceased's age precluded a dependency claim, noting that da…
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Kabale v Kamya (HCT-OO-CV-CS-0804-2006) [2009] UGHC 131 (24 April 2009)
High Court of Uganda award in a fatal negligence claim, assessing dependency damages after a pedestrian death and entering judgment for the plaintiff.
Kawalya Aloysious V Sendagire Norman (HCCS No. 162 of 2006) (HCCS No. 162 of 2006) [2009] UGHC 69 (5 February 2009)
The court found that the deceased, K. Bishagenda, was killed in a road accident on 27th June 2002 as a result of the negligence of the 2nd defendant's driver, who was driving at excessive speed and overtook without due regard for other road users. The evidence, including the plaintiff's testimony, post mortem, and police reports, was unchallenged and established the facts on a balance of probabilities. The beneficiaries listed in the plaint, being family members as defined by law, were entitled to relief. The court applied the dependency calculation method from Agnes Masane v Uganda Transport…
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Kalubala v Transocean (U) Ltd (Civil Appeal 22 of 1999) [1999] UGCA 49 (21 October 1999)
The Court of Appeal held that the trial judge erred in refusing to award general damages to the dependants after finding liability established, as the dependants were named in the plaint and evidence indicated their presence in court. The court found that technicalities regarding the physical production of dependants should not defeat substantive justice where their particulars are provided and unchallenged. The appellant, however, failed to prove his own dependency, as he was not named as a dependant and evidence showed he was a business partner rather than a dependant of the deceased. On vi…
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Kalubala v Transocean Uganda Limited (Civil Appeal 22 of 99) [1999] UGCA 39 (21 October 1999)
The Court of Appeal found that the trial judge erred in denying damages to the dependants on the ground that they were not produced in court, as their particulars were provided and evidence indicated their presence. The court held that the dependants should have been awarded general damages for lost dependency, calculated using a realistic multiplier of three years based on the deceased's age and expected working life. The appellant was not entitled to damages as a dependant, having failed to prove his own dependency. Special damages for funeral expenses were awarded despite the absence of re…
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Nakibuka v Attorney General Of Uganda (Civil Appeal 11 of 1993) [1995] UGSC 36 (19 January 1995)
The Supreme Court of Uganda dismissed an appeal in a dependency and negligence claim, holding that the appellant failed to prove marriage, death in the alleged accident, and dependency.
