Court name
HC: Civil Division (Uganda)
Judgment date
13 July 2017

Nalwendo v Attorney General (Civil Suit-2013/70) [2017] UGHCCD 103 (13 July 2017);

Cite this case
[2017] UGHCCD 103
Coram
Wolayo, J

IN THE HIGH COURT OF UGANDA AT KAMPALA

CIVIL SUIT NO. 70 OF 2013

NALWENDO BRENDA……………………….PLAINTIFF

V

ATTORNEY GENERAL……………………….DEFENDANT

BEFORE HON. LADY JUSTICE H. WOLAYO

JUDGMENT ON  QUANTUM  FOR TREATMENT ABROAD

The  plaintiff sued the defendant for negligence.

It was the plaintiff’s claim that on 14.4.2011 at Kajjansi  while she was seven months pregnant and lawfully travelling, she was shot at by  policemen  and injured in the abdomen and shot again causing her intestines to pour out as she fell.  It was further her claim that as she was on the ground,  policemen released  a tear gas canister on her body which burnt her form the neck to the knees sustaining serious injuries.

She was taken to Mulago hospital for treatment but that to date, the hospital has declined to give her a medical report .

In defence the defendant denied liability and averred that the Uganda Police Force paid for antenatal services and medication until her recovery  and discharge from Mulago hospital after delivery of her baby. 

On 8.2.2017,  Mr. Madete for the Attorney General   informed court that the Attorney General had communicated its proposal to the Plaintiff to which counsel  for the plaintiff , Ms. Nalunkuma  responded that she accepted the proposal  .

The terms of the proposal  dated 6.2.2017 were:

  1.  General damages…………80,000,000/
  2. Exemplary damages……..20,000,000/
  3. Further treatment  ………court to determine
  4. Costs……………………………to be taxed.

I therefore entered partial  judgment on admission on the following terms:

  1.  General damages…………….80,000,000/
  2. Exemplary damages…………20,000,000/

I set down for hearing the contested issue of quantum of  damages for further treatment.

After hearing from the plaintiff and her expert witness  and upon cross examination by counsel for the defendant, both counsel filed written submissions that i have carefully considered. 

 It was counsel for the plaintiff’s submission that they failed to get a medical report from  Mulago hospital  but Dr. Makobore who  attended to her testified   that he attended to the plaintiff in 2011 whose intestines were severely damaged , the wounds on the abdomen and right hand were cleaned and skin grafting done.

It was his testimony that after discharge, the plaintiff returned for review  of her condition and that she still suffers pain from the wounds except that the witness later stated in para. 10 that the plaintiff suffers from itching scars on the abdomen and thighs and complications as a result of intestinal damage from gun shot wounds.

He recommended that the plaintiff be taken to BLK  Super Specialty Hospital in New Delhi  for treatment.  In cross examination, the testimony of this witness is that he referred her to India because they have pin hole surgery not available in Uganda.

The plaintiff claimed for   USD 6500  for surgery as  billed by BLK India.

she also claimed for the following expenses:

USD 200 for two visas

USD 1760 for two tickets to India

3,600,000/ for twelve days stay

5,000,000/ for attendant’s expenses

30,000,000/  over and above cost of treatment

While I  agree with the plaintiff that she requires further treatment for the itching scars,  I find the sums claimed on the high side.

I will therefore allow the claim for treatment  in India as  follows:

  1. USD 6500 for surgery
  2. USD  880 One air ticket
  3. 5, 000,000/ for  up keep    while in India.
  4. costs of the suit to the plaintiff

 

DATED AT KAMPALA THIS 13th DAY OF  JULY 2017.

HON. LADY JUSTICE H. WOLAYO