Uganda Case Law

Kebirungi v Road Tainers Ltd and Another

Kebirungi v Road Tainers Ltd and Another (Civil Appeal No. 121 of 2003) [2008] UGCA 22 (1 January 2008)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 121 of 2003

Judge

Okello, JA, Byamugisha, JA, Kavuma, JA

The Court of Appeal held that the plaint, as drafted, contained sufficient material to disclose a cause of action in negligence. The appellant pleaded negligence and provided particulars in paragraph 9(a) of the plaint, namely 'driving recklessly without due regard to other road users.' The court found that it is not mandatory for particulars of negligence to be listed in multiple sentences or phrases; a single, clear particular can suffice. The court distinguished the Mukasa v Singh case, noting that in the present case, at least one particular of negligence was pleaded. The trial judge erre…

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• Pleadings
• Cause Of Action
• Negligence
• Particulars Of Negligence

Kebirungi v M/s Road Trainers Ltd & Ors

Kebirungi v M/s Road Trainers Ltd & Ors (Miscellaneous Application No. 285 of 2003) [2003] UGHC 65 (1 September 2003)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 285 of 2003

The court held that the plaint, both in its original and proposed amended form, failed to disclose a cause of action because it did not provide sufficient particulars of negligence as required by law. The mere assertion of 'driving recklessly without due regard to other road users' is inadequate and does not amount to particulars of negligence. The doctrine of res ipsa loquitor does not substitute the requirement to plead particulars of negligence. The court further held that the objection based on non-compliance with Rule 8 of the First Schedule to the Commissioner for Oaths (Advocates) Act…

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• Pleadings
• Amendment Of Pleadings
• Particulars Of Negligence
• Cause Of Action
• Res Ipsa Loquitor

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)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 21 of 2000

Judge

Kitumba, JA, Mpagi-Bahigeine, JA, kato ,JA

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…

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• Cause Of Action
• Negligence Pleading Requirements
• Particulars Of Negligence
• Vicarious Liability

Frokina International v Tororo Cement Co. Limited

Frokina International v Tororo Cement Co. Limited (Civil Suit 1215 of 1999) [2000] UGHC 41 (25 May 2000)

Court

High Court of Uganda

Case number

Civil Suit 1215 of 1999

Judge

Mugamba, J

The High Court of Uganda overruled a preliminary objection that the plaint failed to disclose a cause of action for lack of negligence particulars.

• Pleadings Requirements
• Cause Of Action
• Particulars Of Negligence
• Preliminary Objection
• Civil-procedure
• Cause-of-action