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…
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…
Total Uganda Limited v Opio (Civil Appeal 99 of 2018) [2023] UGHC 85 (31 October 2023)
Court
High Court of Uganda
Case number
Civil Appeal 99 of 2018
Judge
Nakachwa, J
The court found that the trial Magistrate properly evaluated the evidence, including the respondent's direct oral testimony and documentary evidence, which established that the respondent's vehicle was damaged due to the negligent act of the pump attendant at the appellant's branded fuel station. The court held that the appellant was vicariously liable for the actions of its agent, as there was no public notice or evidence to indicate that the pump attendant was not acting on behalf of the appellant. The respondent's evidence of damage and inconvenience was credible and sufficient, and the ap…
Afriglobal commodities DMCC v Commissioner General, Uganda revenue Authority (CIVIL SUIT NO. 196 OF 2019) [2020] UGHCCD 76 (26 March 2020)
Court
HC: Civil Division (Uganda)
Case number
CIVIL SUIT NO. 196 OF 2019
Judge
Nambayo, J
The High Court held that a negligence claim over release of customs goods had to begin with statutory review under section 229 of the EACCMA, and dismissed the suit.
Raremet Limited v SGS Uganda Limited (HCT 00 - CC - CS -186 - 2009) [2011] UGCommC 2008 (8 November 2011)
Court
Commercial Court of Uganda
Case number
HCT 00 - CC - CS -186 - 2009
Judge
Kiryabwire, J
The High Court held that SGS’s role was limited to sampling, weighing, tallying, and dispatching samples for analysis, so it was not liable in negligence.
Rwabajungu v Germany and Another (Civil Appeal No. 21 of 2006) [2009] UGCA 68 (1 January 2009)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 21 of 2006
Judge
Twinomujuni, JA, Kitumba, JA, Nshimye, JA
The Court of Appeal held that the appellant was not lawfully entitled to taxed interlocutory costs and dismissed the appeal, while noting costs principles in time-barred suits.
James Katende,Yona Kato v Uganda Railways Corporation [1993] UGSC 6 (6 May 1993)
Court
Supreme Court of Uganda
The Supreme Court of Uganda dismissed an appeal arising from a train collision, holding that the appellants failed to prove they were lawful passengers or that their injuries were established.