Institution of proceedings

Tororo Cement Co. Ltd Vs Frokina International Ltd ((Civil Appeal No. 2 of 2001)) [2002] UGSC 24 (24 April 2002);

Flynote: 

Search Summary: 

The appellant’s lorry rammed into shop premises belonging to the
respondent who successfully instituted a suit in the high court and the
appellant’s appeal was dismissed by the court of appeal hence this appeal.

Headnote and Holding: 

The court considered the major ground on appeal of the appellant’s
dismissed preliminary point of law that the plaint did not disclose a cause of
action. The court observed that in matters of negligence save for res ipsa
loqutor; the plaint must particularize the facts of negligence.
However, majority of the court observed that the plaint had disclosed cause
action without pleading res ipsa loqutor

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