Vicarious Liability

Lukungu v Lobia ((Civil Appeal No. 4 of 2001)) [2002] UGSC 12 (26 February 2002);


Search Summary: 

The respondent took his lorry to a garage belonging to one kavuma for repair
and one day while at his home the appellant was informed that his lorry had
been involved in an accident with a mini bus belonging to the appellant. The
appellant brought actions against the respondent in the high court and court of
appeal which failed hence this appeal.

Headnote and Holding: 

The court observed that, the law makes the owner or bailee of a car vicariously
responsible for the negligence of the person driving it, if, but only if, that
person is (a) his servant and driving the car in the course of his employment, or
(b) his authorized agent driving the car for and on his behalf. The further stated
that the appellant had failed to prove that establish the existence of the
agency relationship, necessary to show that the driver was using the vehicle at
the owner's request, express or implied or on his instructions, and was doing
so in performance of the task or duty thereby delegated to him by the owner.
The appeal failed


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