Oil Energy Limited v Komakech
Oil Energy Limited v Komakech (Civil Appeal No. 111 of 2019) [2020] UGHC 142 (8 June 2020)
The appellate court found that while the appellant's pump attendant breached the duty of care by refuelling a petrol vehicle with diesel, the respondent failed to prove on a balance of probabilities that this negligence was the proximate cause of the engine damage. The evidence showed multiple possible causes for the engine knock, including natural wear and tear, and the respondent did not eliminate these other causes. The trial magistrate erred by relying on unsubstantiated conclusions rather than specific mechanical evidence. As causation was not established, the respondent could not recove…
Source excerpt
- Negligence
- Duty Of Care
- Causation
- Vicarious Liability
- Standard Of Care
- Proximate Cause