THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT K.MPALA
HIGH COURT CIVIL SUIT NO.490 OF 1997
MOSES KIMEZE………………………………………………………..PLAINTIFF
AFRI PLAST INDUSTRIES LTD…………………..…………………DEFENDANT
BEFORE: THE HON. MR. JUSTICE E.S. LUGAYIZI
JUDGMENT
The plaintiff sued the defendant and claimed special and general damages arising from injuries he sustained on account of the defendant’s negligence in the course of employment at the defendant’s place of work.
In its WSD the defendant denied the plaintiff’s claim and, among other things, averred that the defendant’s place of work is safe; and the defendant is not guilty of any of the acts of negligence alleged in the plaint. During the hearing of the suit the plaintiff called two witnesses, namely, himself (PW1) and Dr. Ntege (PW2). On the other hand, the defendant brought one witness namely Bharat Gohil (DW1).
In brief the plaintiff’s case was as follows. On 30th March, 1996 Moses Serunjogi (the plaintiff (PW1) was on duty at the defendant’s place of work. He was working as a casual labourer. He had been with the defendant for 3 months. He mainly attended to a machine that shaped soles for old shoes. On that day, as Serunjogi did his work he was instructed to go and lift materials that were lying near the rotation machine. He moved as he was advised to do. However, as he passed by the rotation machine it began moving. In the process it cut off two of his fingers on the right hand, namely, the small finger and index finger. The machines at the defendant’s place of work were open and not fenced. They could easily hurt the employees. Serunjogi was rushed to Nsambya Hospital where his fingers were stitched and he received medication. After the stitches were removed, the injuries on his fingers got worse. He was therefore compelled to look for better medical treatment at Dr.
