Delict and Tort Law

Birungi v Sekubwa and Ors ((Civil Appeal No. 3 of 2001)) [2002] UGSC 22 (23 April 2002);


Search Summary: 

This was a second appeal. In the High Court the 1 st respondent successfully sued the
appellant, the 2 nd respondent, 3 rd respondent and 4 th respondent for damages caused to his car
in a collision. The cause of action was founded in negligence on the part of the 3 rd
respondent when driving the appellant's motor vehicle in the course of his employment as
her servant or agent. The appellant appealed to the Court of Appeal against the High Court
decision. She lost the appeal. Consequently, she appealed to this court.

Headnote and Holding: 

The court observed that the illegality committed by the employee of the appellant could not
resolve liability as it would defeat public policy. It was stated that the driver’s act of driving
an un roadworthy car could not absolve the owner from liability.
The appeal was thereby dismissed


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