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Uganda decisions
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Bwaligonza v Katwere & Others (Civil Appeal 5 of 2015) [2022] UGHC 123 (25 August 2022)
High Court civil appeal on a road accident: vicarious liability was found against the 2nd respondent, contributory negligence was upheld, and special damages were corrected.
Owen Thomas and Company v Hansraj and Another (Civil Appeal No. 7 of 1939) [1938] EACA 169 (1 January 1938)
The court held that liability for the negligent act of the driver rests with the party who retains control over the manner in which the work is performed. In this case, although the lorry and driver were hired out to the second respondent, the driver remained the employee of the appellants, who selected, paid, and could dismiss him. The hirers could direct where the lorry should go and what loads to carry, but did not control the manner of driving. There was no evidence that the hirers interfered with or assumed control over the driver's method of driving at the time of the accident. Therefor…
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Patel and Another v Tandree and Another (C.C. 44/ 1935 (Mombasa)) [1937] EACA 207 (1 January 1937)
The court found that although the second defendant was generally permitted to drive the vehicle for the first defendant's business, on the day of the accident he was not acting within the scope of his employment but was instead on a personal frolic. The evidence established that the accident occurred during a private outing, not in the course of the master's business. The presumption of vicarious liability arising from ownership was rebutted by the facts. Therefore, the first defendant was not liable for the second defendant's negligent acts. However, the second defendant was found negligent…
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