Delict and Tort Law

Wanjiru v Mash East Services Limited (CIVIL SUIT NO. 283 OF 2016) [2016] UGHCCD 125 (28 October 2016);


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The plaintiff sued the defendant in tort of negligence and for
vicarious liability, special damages, aggravated, punitive,
exemplary and general damages and costs.

Court considered whether the defendant was vicariously
Court ruled that for the tort of negligence to be established,
the plaintiff must show that the defendant owed her a legal
duty of care and that duty was breached causing injury to the

On the basis of the principle of res ipsa loquitur, court find

that the driver of the bus was negligent and therefore the
defendant as owner and employer is vicariously liable for the
injuries suffered by the plaintiff as well as consequential

Court accordingly granted the damages asked for.


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