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5 Oct 2018

Tort Law [2018] UGHCCD 213

Latif v Waru

Latif v Waru (Civil Suit 200 of 2015) [2018] UGHCCD 213 (5 October 2018)

Court: HC: Civil Division (Uganda)
Case number: Civil Suit 200 of 2015
Judge: Musa Ssekaana, J

The court found that the accident was caused by the negligent overtaking of the defendant's vehicle, operated by an employee in the course of employment. The defendant's failure to provide ownership particulars and his involvement in settlement negotiations established a nexus and estopped him from denying liability. The plaintiff proved the damages suffered through documentary evidence, and the court awarded special and general damages, with interest, as well as costs. The defendant's attempt to avoid liability by withholding evidence of ownership was rejected, and vicarious liability was im…

Source excerpt

Negligence Motor Vehicle Accident
Vicarious Liability
Damages Quantification
Burden Of Proof

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2 Sept 1986

Tort Law [1986] UGCA 26

Dheyongera v Mutyabule

Dheyongera v Mutyabule (Civil Appeal 3 of 1985) [1986] UGCA 26 (2 September 1986)

Court: Court of Appeal of Uganda
Case number: Civil Appeal 3 of 1985
Judge: Wambuzi, P, Lubogo, Ag. JA, Odoki, JA

The Court of Appeal held that the trial judge properly evaluated the evidence and was entitled to prefer the respondent's version, which was supported by the police report and expert inspection. The appellant failed to discharge the burden of proof required to establish negligence on the balance of probabilities. The omission to plead or mention the overturning in examination-in-chief was not fatal, as the basis of the claim was negligence, but the evidence did not support the appellant's version of events. The expert's opinion was valid as it relied on police reports and direct inspection, n…