Uganda Case Law

Nabbale and 2 Others v The Registered Trustees of Kampala Archdiocese T/A St. Francis Hospital Nsambya

Nabbale and 2 Others v The Registered Trustees of Kampala Archdiocese T/A St. Francis Hospital Nsambya (Civil Appeal 49 of 2021) [2024] UGHCCD 144 (6 September 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 49 of 2021

Judge

Musa Ssekaana, J

The High Court dismissed an appeal over alleged medical negligence in a premature infant’s blindness, holding the hospital acted reasonably in prioritizing lifesaving care.

• Medical Negligence
• Duty Of Care
• Standard Of Care
• Informed Consent
• Expert Evidence
• Medical-negligence

Emma (suing through Aulo Emma mother and next friend ) v Doctors Hospital Sseguku Limited )

Emma (suing through Aulo Emma mother and next friend ) v Doctors Hospital Sseguku Limited ) (Civil Appeal 4 of 2022) [2023] UGHCCD 273 (22 September 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 4 of 2022

Judge

Musa Ssekaana, J

The court found that the Uganda Medical and Dental Practitioners Council properly applied the established principles of medical negligence, evaluating whether the respondent's medical personnel deviated from accepted standards of care. The evidence showed that the medical staff acted in accordance with recognized protocols for managing extravasation injury, including timely removal of the cannula, pain control, and referral for further treatment. Expert opinions relied upon by the appellants were found to be based on hearsay and not substantiated by a review of the patient's file. The court h…

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• Medical Negligence
• Duty Of Care
• Standard Of Care
• Expert Evidence
• Appeal Procedure

Oil Energy Limited v Komakech

Oil Energy Limited v Komakech (Civil Appeal No. 111 of 2019) [2020] UGHC 142 (8 June 2020)

Court

High Court of Uganda

Case number

Civil Appeal No. 111 of 2019

Judge

Stephen Mubiru, J

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…

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• Negligence
• Duty Of Care
• Causation
• Vicarious Liability
• Standard Of Care
• Proximate Cause

Kakooza v Abamwe Transporters Limited & Another

Kakooza v Abamwe Transporters Limited & Another (CIVIL SUIT NO. 519 OF 2017) [2020] UGHCCD 101 (15 May 2020)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 519 OF 2017

Judge

Musa Ssekaana, J

The court found that the plaintiff was solely responsible for the accident and his injuries. The evidence showed that the plaintiff attempted to overtake a trailer on the left side in a narrow bend, which was an unreasonable and reckless action. The plaintiff lacked a valid riding permit, contrary to Section 35 of the Traffic and Road Safety Act, and failed to appreciate the rules of driving, which contributed to the accident. The court relied on the sketch map and police statement, concluding that the plaintiff's conduct amounted to contributory negligence and that the defendants were not li…

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• Negligence
• Contributory Negligence
• Duty Of Care
• Standard Of Care
• Road Traffic Accidents

Semambo v Registered Trustees of Kampala & Ors (HCT-00-CV-CS-0435-2002)

Semambo v Registered Trustees of Kampala & Ors (HCT-00-CV-CS-0435-2002) [2016] UGHCCD 19 (20 April 2016)

Court

HC: Civil Division (Uganda)

Case number

HCT-00-CV-CS-0435-2002

Judge

Musota, J

The High Court dismissed a medical negligence claim over a boy’s amputated hand, finding no proved breach of duty and accepting expert evidence on causation.

• Medical Negligence
• Duty Of Care
• Vicarious Liability
• Standard Of Care
• Causation
• Damages

Philip v Rex

Philip v Rex (Criminal Appeal No. 274 of 1951) [1952] EACA 231 (1 January 1952)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 274 of 1951

Judge

Ainley J, Nihill P, Worley VP

The Court of Appeal upheld a conviction for a rash and negligent act, holding that criminal negligence under section 220 was more than civil negligence but less than manslaughter.

• Criminal Negligence
• Manslaughter
• Rash And Negligent Act
• Standard Of Care
• Culpable Negligence
• Criminal-negligence

Owen Thomas Transport Co. Ltd v Allen

Owen Thomas Transport Co. Ltd v Allen (Civil Appeal No. 71 of 1951) [1952] EACA 167 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Appeal No. 71 of 1951

Judges

Nihill P, Worley VP

The Court of Appeal for Eastern Africa held a bailee for reward liable in negligence after a night watchman stole property from a godown.

• Negligence
• Bailee Liability
• Theft By Servant
• Standard Of Care
• Burden Of Proof
• Bailment

Godfrey v Rex

Godfrey v Rex (Criminal Appeal No. 175 of 1947) [1947] EACA 71 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 175 of 1947

Judge

Bourke J, Nihill, C.J

The court held that evidence of alcohol consumption prior to the commission of a traffic offence is admissible under section 14 of the Indian Evidence Act, not as proof of another crime but as relevant to the accused's probable mental and physical condition at the time of the incident. The court found that the appellant's conduct did not amount to dangerous driving under section 15 of the Traffic Ordinance, as the circumstances did not justify a finding of criminal recklessness. The conviction for careless driving under section 16(1) was upheld, as the facts supported a finding of lack of due…

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• Traffic Offences
• Careless Driving
• Dangerous Driving
• Admissibility Of Evidence
• Alcohol Consumption
• Standard Of Care

Robinson v Button

Robinson v Button (Civil Appeal No. 2 of 1940) [1940] EACA 2 (1 January 1940)

Court

East African Court of Appeal

Case number

Civil Appeal No. 2 of 1940

Judge

Sheridan CJ, Webb CJ, Whitley CJ

The Court of Appeal for Eastern Africa held that a driver who emerged from a concealed side road onto a main road at speed was negligent and liable for a passenger's injuries.

• Negligence
• Motor Vehicle Accidents
• Duty Of Care
• Standard Of Care
• Personal Injury
• Apportionment Of Liability

Rex v John

Rex v John (Criminal Appeal No. 147 of 1940) [1940] EACA 26 (1 January 1940)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 147 of 1940

Judge

Lucie-Smith, J. (Kenya), Sheridan CJ, Whitley CJ

The East African Court of Appeal allowed a manslaughter appeal, holding the evidence did not prove beyond reasonable doubt that a dresser’s dosing error was criminal negligence.

• Manslaughter
• Criminal Negligence
• Medical Misconduct
• Standard Of Care
• Criminal-negligence
• Medical-negligence