THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
HIGH COURT CIVIL SUIT NO.768 OF 1998
JULIET NALWOGA ::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
1. BUZUBU CHARLES]
2. NSUBUGA RICHARD]:::::::::::::::::::::::::::::::::::::::::::::::DEFENDANTS
3. KIBUKA GODFREY]
BEFORE: THE HONOURABLE MR. JUSTICE E.S. LUGAYIZI
JUDGMENT
The plaintiff filed an action for negligence against the defendants at the Chief Magistrate’s Court of Mengo. She sought, among other things, remedies in respect of personal injuries that she sustained as a result of an accident involving two motor vehicles, that is to say, mini-buses registration Nos.767 UAV and 375 UBA. The defendants (who had been served with summons) did not enter appearance. As a result the plaintiff obtained an interlocutory judgment against them. However, subsequently the plaintiff made an application to this Court to have the suit transferred to the High Court and that application was granted on1st March, 2000. Later on, the hearing of this suit began and the plaintiff called four witnesses in support of her case. They were, Nalwoga Juliet Kizito (PW1); Dr. Sebuliba (PW2); No. 26078 Corporal Bachwa Samuel (PW3); and Inspector Wakoli James (PW4)
In very brief terms those witnesses testified as follows; that on 31st March, 1997 Nalwoga (PW1) travelled as a fee paying passenger in a mini-bus registration No.767 UAV on Namirembe Road near Kampala. The mini-bus headed for the city centre. Before it reached the city centre it stopped along the way to enable some passengers to disembark. However, as it moved once again, another mini-bus registration No.375 UBA came from the opposite direction. It was going up the hill and as it tried to overtake another vehicle it failed to do so. It swerved to its right hand side and collided with the mini-bus that carried Nalwoga. She was severely injured. She was rushed to Namirembe hospital and was given medical treatment for about 10 days. During that period she was operated upon. On discharge she continued to be unwell until now. She has a disability of between 15% to 20%. As a result of the accident, she also lost a semester that she had already paid for at Makerere University. In all, she prayed Court to grant her special and general damages for the injuries and the loss she suffered, interest, and costs of the suit. In deciding this suit, the following issues have to be resolved,
1. Whether there as an accident on Namirembe road that involved mini buses registration Nos. 767 UAV and 375 UBA on 31st March, 1997?
2. Whether the plaintiff was travelling as a passenger in any of those mini-buses and was injured as a result of the said accident on 31st March, 1997?
3. Whether the accident was caused by negligence on the part of any of the drivers of the said mini-buses?
4. Whether the defendants are liable? –
5. The available remedies.
Court will deal with those issues in the above order. With regard to the first issue, Nalwoga (PWl) testified that on 31st March, 1997 an accident occurred on Namirembe road between two mini-buses, namely, mini-buses registration Nos.767 UAV and 375 UBA. Her testimony was confirmed by No. 26078 Corporal Bachwa Samuel (PW3). This police officer visited the scene of the accident soon after it had occurred and took measurements. He then caused the said mini-buses to be taken to Old Kampala Police Station for further investigations.
