Dheyongera v Mutyabule
Dheyongera v Mutyabule (Civil Appeal 3 of 1985) [1986] UGCA 26 (2 September 1986)
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…
Source excerpt
- Negligence Motor Vehicle Accident
- Pleadings Material Facts
- Burden Of Proof
- Assessment Of Evidence