Uganda Case Law

Security Group Uganda Limited v Hajati Zawedde ( administrator of the estate of Tamale )

Security Group Uganda Limited v Hajati Zawedde ( administrator of the estate of Tamale ) (Civil Appeal No. 160 of 2019) [2022] UGCA 36 (15 February 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 160 of 2019

Judge

Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA

The Court of Appeal allowed Security Group Uganda Ltd’s appeal, holding that its employee’s fatal shooting was outside the scope of employment and not vicariously attributable to the employer.

• Vicarious Liability
• Wrongful Death
• Employer Liability
• Scope Of Employment
• Damages Assessment
• Vicarious-liability

Katerega & Another v Uganda Electricity Board

Katerega & Another v Uganda Electricity Board (Civil Appeal 12 of 1996) [1997] UGSC 18 (8 August 1997)

Court

Supreme Court of Uganda

Case number

Civil Appeal 12 of 1996

Judge

Oder, JSC, Tsekooko, JSC, Karokora, JSC

The Supreme Court dismissed an appeal over fire damage after finding no proof that a UEB employee acted within the scope of employment when making the connection.

• Negligence
• Vicarious Liability
• Burden Of Proof
• Scope Of Employment
• Damages
• Pleadings And Evidence

Nakalema v Michalistanos and Another

Nakalema v Michalistanos and Another (Civil Appeal No. 37 of 1956) [1950] EACA 172 (1 January 1950)

Court

East African Court of Appeal

Case number

Civil Appeal No. 37 of 1956

Judge

Briggs, JA, Sinclair, VP, Worley, P

The facts proved established a prima facie case that the second respondent was acting within the scope of his employment at the time of the accident, as he was driving a tractor he was employed to drive for the first respondent. There was no evidence to rebut the presumption that he was engaged in his employer's business. The burden of disproving scope of employment was upon the employer, especially as the matter was within her knowledge, pursuant to section 105 of the Evidence Ordinance. The trial judge erred in concluding otherwise and in failing to follow proper practice by not requiring t…

Source excerpt

• Vicarious Liability
• Scope Of Employment
• Burden Of Proof
• Negligence
• Damages For Death

Patel and Another v Tandree and Another (C.C. 44/ 1935 (Mombasa))

Patel and Another v Tandree and Another (C.C. 44/ 1935 (Mombasa)) [1937] EACA 207 (1 January 1937)

Court

East African Court of Appeal

Case number

C.C. 44/ 1935 (Mombasa)

Judge

Lucie-Smith, J. (Kenya)

The court found that although the second defendant was generally permitted to drive the vehicle for the first defendant's business, on the day of the accident he was not acting within the scope of his employment but was instead on a personal frolic. The evidence established that the accident occurred during a private outing, not in the course of the master's business. The presumption of vicarious liability arising from ownership was rebutted by the facts. Therefore, the first defendant was not liable for the second defendant's negligent acts. However, the second defendant was found negligent…

Source excerpt

• Negligence
• Vicarious Liability
• Master Servant Relationship
• Damages Assessment
• Scope Of Employment