Whether the plaintiffs forests were burnt.
(ii) If yes did the fire originate from the defendants vehicle which overturned.
(iii) If yes was this overturn due to the negligence of the defendant’s driver/servant.
(iv) If yes what is quantum of damages as a result of the loss by the accident.
There was evidence from
PW1 to he effect that he owned a forest at
Rutoto to the tune of 20 hectares. His forest comprised of Cyprus, pines and eucalyptus trees exhibit P.1. On the date when this forest got burnt he was away. He came to the site at around 4.00 PM and found flames originating from the burnt vehicle had spread into both sides. The fire passed through the nearest grown up forest and spread and destroyed his forest down the hill. He reported the matter to
PW5 Mwesige a Police Officer in
Rutoto Police Post.
Whereas
PW5 and
PW7 who were both Police Officers on information received proceeded to the site where a tanker had over turned and caught fire. They could not reach the place and no vehicle could pass. The fire
was coming from the vehicle which had caught fire and was burning on both sides of the
road. The fire spread to the forests
PW5 witnessed this. The fire spread to the front which was a slope, petrol ignited spreading to all sides of the road.
PW5 reiterated that it was a dry season and
rough at the scene when the fire subsided he interviewed the driver. Meanwhile
PW1,
PW3 complained to him that the fire had destroyed their forests.
Butamanya PW3 whose forest was about 200 meters away from the site showed them the burnt forest.
PW7 as stated earlier was together with
PW5. Him and PW5 were Police Officers. His testimony was almost similar to that of
PW5. They stayed at the scene commanding vehicles for sometime. After three days he received a report from
Bahemuka PW2 that his forest had been burnt. He entered the report in the Station diary after which he referred him to the forest officer.
Besides
PW1,
PW5 and
PW7 there were still eye witnesses who saw the forests in question get burnt,
Barnabas Mamwegisha Chairman
RC1,
PW6 of
Ikombe 1 where the accident happened testified that he knew
PW1,
PW2 and
PW3. While at his home he had an explosion of a vehicle having overturned. It fell at
Ikombe 1 and his home was just half a mile from where the vehicle overturned. He went there. Fire spread over the whole hill and spread on both sides of the road. It destroyed forests
PW1,
PW2 and
PW3. He saw the fire physically and went near vehicle which had been burnt beyond recognition.
PW2 and PW3 went to him and he made a report to the
RCII Chairman and also made a report to the Police. In his evidence
Twinomujuni Edison a
PW8 testified that
PW2 was his father. On
24th July, 1990 at about 2.00 p.m. he was at his home when he heard an explosion. He went there and he saw some fire burning. The fire originated from the vehicle which got burnt. His home was half a mile from the scene. After the explosion and after a short time fire spread to their trees (
PW8 and
PW2 trees). The fire burn, their eucalyptus trees. At that time they could not stop the fire and his father
PW2 was in Kampala. When the latter returned he reported the matter to him. That the size of the forest that was burnt was about an hectare the
whole of their forest was burnt. Other forests burnt
was that of Frederick
Butamanya PW3 and that of the Government which was on the right hand side as one comes from
Ishaka Bushenyi (