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1 Nov 2023

Tort Law [2023] UGCA 288

Uganda National Roads Authority v Parambot Breweries Limited and Another

Uganda National Roads Authority v Parambot Breweries Limited and Another (Civil Appeal 321 of 2019) [2023] UGCA 288 (1 November 2023)

Court: Court of Appeal of Uganda
Case number: Civil Appeal 321 of 2019
Judge: Kibeedi Mutangula, JA, Gashirabake, JA, Kihika ,JA

The Court of Appeal held that the issue of limitation was not properly pleaded by the appellant and cannot be raised for the first time in submissions. The appellant, as a government agency under the supervision of the Ministry of Works and Transport, is bound by the opinion of the Attorney General and the report of the Chief Mechanical Engineer, which was commissioned and accepted by both parties. The appellant assumed liability for the project through an addendum to the construction agreement and was responsible for the damages caused during the construction of the Gayaza-Zirobwe Road. The…

Source excerpt

Negligence Liability
Limitation Periods
Government Agency Responsibility
Compensation For Land Damage
Judgment On Admission
Transfer Of Liabilities

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1 Nov 2023

Tort Law [2023] UGCA 300

Uganda National Roads Authority (UNRA) v Parambot Breweries Limited and Another

Uganda National Roads Authority (UNRA) v Parambot Breweries Limited and Another (Civil Appeal 321 of 2019) [2023] UGCA 300 (1 November 2023)

Court: Court of Appeal of Uganda
Case number: Civil Appeal 321 of 2019
Judge: Gashirabake, JA, Kibeedi Mutangula, JA, Kihika ,JA

The Court of Appeal held that the issue of limitation was not pleaded by the appellant and therefore could not be considered, reaffirming that parties are bound by their pleadings. The appellant, as a government agency under the supervision of the Ministry of Works and Transport, was found liable for negligence arising from the construction of the Gayaza-Zirobwe Road, which caused damage to the respondents' property. The court determined that the admission by the Attorney General regarding the Chief Mechanical Engineer's report was binding on the appellant, and the report provided a detailed…