Negligence

Agnes Mukasa V Akamba (U) Ltd (Civil Suit No. 197 of 1990 ) (Civil Suit No. 197 of 1990) [1999] UGHC 19 (30 April 1999);

Flynote: 

Search Summary: 

This action was brought for general and special damages arising from the cuts and injuries that she sustained from the motor accident. The respondent admitted the ownership of the vehicle in question but denied responsibility.

The court considered whether there’s any cause of action against the defendant, whether the defendant was negligent and what damages were available to the plaintiff.

Headnote and Holding: 

The court held that the time of the accident the bus in question had been sold to Joy Kusiima who also sold it to Gasso Transport Services. The presumption of ownership under S. 49 of TRS Act has been rebutted. The defendant may have violated the provisions of the Traffic Road Safety Act but it cannot be said that it’s the owner of the bus. That since the driver was not the defendant’s employee at the time of the accident, the defendant couldn’t have been liable vicariously. 

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