Tororo Cement Company Limited v Frokina International Limited
Tororo Cement Company Limited v Frokina International Limited (Civil Appeal No. 21 of 2000) [2001] UGCA 60 (12 January 2001)
The Court of Appeal held that the plaint disclosed a cause of action in negligence as it set out the respondent's right to property, the violation of that right by the appellant's truck causing damage, and the appellant's liability. The court found that paragraphs 4, 5, and 7 of the plaint provided sufficient particulars of the alleged negligence and the resulting damage. The absence of tabulated particulars was a matter of form, not substance, and did not warrant rejection of the plaint. The court emphasized that if the appellant required more detailed particulars, the appropriate remedy was…
Source excerpt
- Cause Of Action
- Negligence Pleading Requirements
- Particulars Of Negligence
- Vicarious Liability