Uganda Case Law

Kabanda v YY Coaches & Courier Services Limited & Another

Kabanda v YY Coaches & Courier Services Limited & Another (Civil Suit 144 of 2022) [2024] UGHCCD 169 (24 October 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 144 of 2022

Judge

Nambayo, J

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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• Vicarious Liability
• Motor Vehicle Accidents
• Dependency Claims
• Preliminary Objections
• Fatal Accidents Act

Busulwa & 2 Others v Kakooza

Busulwa & 2 Others v Kakooza (Civil Suit 11 of 2020) [2024] UGHC 1182 (1 October 2024)

Court

High Court of Uganda

Case number

Civil Suit 11 of 2020

Judge

Oyuko Anthony Ojok, J

The court found that the defendant was negligent and reckless in his driving, which caused the accident resulting in bodily injuries to the plaintiffs. The evidence showed that the defendant exceeded the speed limit, failed to signal, and did not exercise due care for other road users. The sketch map and eyewitness testimony corroborated the plaintiffs' account. The defendant breached his duty of care, and the plaintiffs proved their case on a balance of probabilities. Special damages were awarded only to the extent strictly proved by receipts, while general and exemplary damages were awarded…

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• Negligence
• Motor Vehicle Accidents
• Personal Injury
• Damages
• Duty Of Care

Rwanyarare v Engano Millers Limited

Rwanyarare v Engano Millers Limited (Civil Suit 20 of 2017) [2024] UGHC 173 (16 April 2024)

Court

High Court of Uganda

Case number

Civil Suit 20 of 2017

Judge

Joyce Kavuma, J

The High Court found both parties partly at fault for a road collision, held the defendant vicariously liable, rejected special damages, and awarded general damages and costs.

• Negligence
• Contributory Negligence
• Vicarious Liability
• Motor Vehicle Accidents
• Damages
• Burden Of Proof

Mwebe v Ankole Original Traders & Another

Mwebe v Ankole Original Traders & Another (Civil Suit 106 of 2003) [2024] UGHC 172 (16 April 2024)

Court

High Court of Uganda

Case number

Civil Suit 106 of 2003

Judge

Joyce Kavuma, J

The High Court held the 1st Defendant liable for a traffic accident after finding it remained the registered owner of the lorry and had not rebutted ownership.

• Negligence
• Vicarious Liability
• Contributory Negligence
• Motor Vehicle Accidents
• Vicarious-liability
• Contributory-negligence

Okello v Anywar

Okello v Anywar (Civil Suit No. 17 of 2021) [2023] UGHCCD 115 (26 April 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 17 of 2021

Judge

Okello, J

The defendant admitted liability for negligently causing the destruction of the plaintiff's motor vehicle. The only issue for determination was the quantum of damages. The court found the plaintiff's expert evidence on the replacement value of the vehicle (UGX 48,500,000) more credible and reliable than the defendant's, whose expert lacked proper qualifications and whose valuation failed to account for taxes and the actual market value in Uganda and South Sudan. The plaintiff's evidence was corroborated by documentation showing the vehicle's registration, condition, and value prior to the acc…

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• Negligence
• Special Damages
• General Damages
• Motor Vehicle Accidents

Mbabazi & Another v The Board of Directors, Kids Gear Primary School, Bukomansimbi

Mbabazi & Another v The Board of Directors, Kids Gear Primary School, Bukomansimbi (Civil Suit 40 of 2020) [2023] UGHC 332 (20 March 2023)

Court

High Court of Uganda

Case number

Civil Suit 40 of 2020

Judge

Katamba Nkwanga, J

The High Court of Uganda held a school board vicariously liable for a school van driver’s negligent driving that injured a minor pupil, awarding damages and costs.

• Negligence
• Vicarious Liability
• Personal Injury
• Damages
• Motor Vehicle Accidents
• Vicarious-liability

Omujul v Kalabuki and Others

Omujul v Kalabuki and Others (Civil Suit 17 of 2019) [2022] UGHCCD 308 (17 August 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 17 of 2019

Judge

Adonyo, J

The High Court found the 1st defendant negligent in a road accident, held the vehicle owner vicariously liable, and awarded damages to the injured plaintiff.

• Negligence
• Vicarious Liability
• Motor Vehicle Accidents
• Third Party Insurance
• Damages
• Contributory Negligence

City Trek Limited & Another v Batungwa

City Trek Limited & Another v Batungwa (CIVIL SUIT NO. 160 OF 2016) [2019] UGHCCD 237 (20 December 2019)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 160 OF 2016

The High Court awarded damages after a road accident, reducing repair costs, granting special and general damages, and refusing exemplary damages.

• Motor Vehicle Accidents
• Special Damages
• General Damages
• Exemplary Damages
• Motor-vehicle-accidents
• Special-damages

Kasekya Kasaija Sylvan v Attorney General

Kasekya Kasaija Sylvan v Attorney General (Civil Suit No.1147 Of 1998) (Civil Suit No.1147 of 1998) [2009] UGHC 92 (2 February 2009)

Court

High Court of Uganda

Case number

Civil Suit No.1147 of 1998

The court found that the driver of motor vehicle UX 0103 was negligent, as evidenced by his conviction for reckless driving and the absence of any explanation or evidence to the contrary. The defendant, as employer, was held vicariously liable for the acts of the driver, who was employed to drive and was acting in the course of his duties. The court rejected the defendant's argument that the accident occurred outside working hours, noting that no evidence was adduced to show that the driver's duties were limited to specific hours. The defendant failed to prove contributory negligence; mere ab…

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• Negligence
• Vicarious Liability
• Contributory Negligence
• Personal Injury
• Damages
• Motor Vehicle Accidents

Oloya Vicent V The Attorney General

Oloya Vicent V The Attorney General (Civil Suit No. 50 of 1999) (Civil Suit No. 50 of 1999) [2009] UGHC 59 (29 January 2009)

Court

High Court of Uganda

Case number

Civil Suit No. 50 of 1999

The High Court held the government vicariously liable for a UPDF lorry accident, awarding special and general damages to the plaintiff and rejecting an unproved lost-income claim.

• Vicarious Liability
• Negligence
• Motor Vehicle Accidents
• Damages Assessment
• Vicarious-liability
• Motor-vehicle-accidents