Uganda Case Law

Kibuuka v Kiiza & Another (HCT-01-CV-CS 23 of 2020)

Kibuuka v Kiiza & Another (HCT-01-CV-CS 23 of 2020) [2024] UGHC 934 (30 September 2024)

Court

High Court of Uganda

Case number

HCT-01-CV-CS 23 of 2020

Judge

Mugabo, J

The court found, on the balance of probabilities, that the 1st defendant negligently drove Motor Vehicle Reg. No. UBF 590G/UAD 761Q, knocked the plaintiff, and crushed her right leg, resulting in permanent disability. Eyewitness testimony and DNA evidence corroborated the plaintiff's account. The 1st defendant failed to exercise reasonable care, especially given the road conditions and the presence of other road users. The 2nd defendant, as employer, was vicariously liable for the negligent acts committed in the course of employment. The plaintiff was entitled to special damages for medical e…

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• Negligence Motor Accident
• Vicarious Liability
• Personal Injury
• Special And General Damages

Kabaco (U) Limited & 5 Others v Zawadi Services Limited

Kabaco (U) Limited & 5 Others v Zawadi Services Limited (Civil Suit 247 of 2022) [2024] UGHCCD 88 (17 May 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 247 of 2022

Judge

Baguma, J

The High Court held that the defendant’s driver negligently caused the collision, making the defendant vicariously liable and awarding damages and costs to the plaintiffs.

• Negligence Motor Accident
• Vicarious Liability
• Special And General Damages
• Loss Of Dependency
• Burial Expenses
• Negligence

Baali v Mansons (U) Ltd

Baali v Mansons (U) Ltd (Civil Suit No. 37 of 2012) [2020] UGHC 2 (23 January 2020)

Court

High Court of Uganda

Case number

Civil Suit No. 37 of 2012

The court found, on the balance of probabilities, that the accident was caused by the negligence of the defendant's driver, who drove at excessive speed and on the wrong side of the road, in breach of his duty of care to other road users. The evidence of the plaintiff's witnesses, supported by the police sketch plan and accident report, was preferred over the defendant's witnesses, whose accounts were inconsistent and unsubstantiated. The defendant was held vicariously liable for the negligent acts of its driver, who was acting in the course of employment. The plaintiff was entitled to specia…

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• Negligence Motor Accident
• Vicarious Liability
• Damages Assessment
• Burden Of Proof
• Pleading Requirements

Mash East Africa( Ltd) Vs Road Tainers Mombasa (Ltd)

Mash East Africa( Ltd) Vs Road Tainers Mombasa (Ltd) (CIVIL SUIT NO. 20 OF 2016) [2019] UGHCCD 278 (5 September 2019)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 20 OF 2016

Judge

Luswata, J

Ex parte judgment for the plaintiff after a road accident negligence claim. The court found the defendant vicariously liable and awarded special and general damages, interest, and costs.

• Negligence Motor Accident
• Vicarious Liability
• Damages Assessment
• Special And General Damages
• Negligence
• Road-traffic-accident

Mash East Africa (Ltd) Vs Road Tainers Mombasa (Ltd)

Mash East Africa (Ltd) Vs Road Tainers Mombasa (Ltd) (CIVIL SUIT NO. 20 OF 2016) [2019] UGHCCD 182 (5 September 2019)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 20 OF 2016

Judge

Luswata, J

The court found that the defendant's driver was negligent by driving on the wrong side of the road and causing a collision with the plaintiff's bus. The evidence, including witness testimony and police reports, established that the driver was acting within the course of his employment, making the defendant vicariously liable. The defendant failed to rebut the presumption of negligence or provide any explanation for the accident. The plaintiff proved special damages for repairs, towing, assessment, and lost revenue, and was entitled to general damages for inconvenience and loss of business. Th…

Source excerpt

• Negligence Motor Accident
• Vicarious Liability
• Damages Assessment
• Burden Of Proof
• Res Ipsa Loquitur