Whether the plaintiffs forests were burnt.
(ii) If yes did the fire originate from the defendants vehicle which overturned.
(iii) If yes was this overturn due to the negligence of the defendant’s driver/servant.
(iv) If yes what is quantum of damages as a result of the loss by the accident.
There was evidence from PW1
to he effect that he owned a forest at Rutoto
to the tune of 20 hectares. His forest comprised of Cyprus, pines and eucalyptus trees exhibit P.1. On the date when this forest got burnt he was away. He came to the site at around 4.00 PM and found flames originating from the burnt vehicle had spread into both sides. The fire passed through the nearest grown up forest and spread and destroyed his forest down the hill. He reported the matter to PW5 Mwesige
a Police Officer in Rutoto
who were both Police Officers on information received proceeded to the site where a tanker had over turned and caught fire. They could not reach the place and no vehicle could pass. The fire was
coming from the vehicle which had caught fire and was burning on both sides of the road.
The fire spread to the forests PW5
witnessed this. The fire spread to the front which was a slope, petrol ignited spreading to all sides of the road. PW5
reiterated that it was a dry season and
rough at the scene when the fire subsided he interviewed the driver. Meanwhile PW1
complained to him that the fire had destroyed their forests. Butamanya PW3
whose forest was about 200 meters away from the site showed them the burnt forest. PW7
as stated earlier was together with PW5
. Him and PW5 were Police Officers. His testimony was almost similar to that of PW5
. They stayed at the scene commanding vehicles for sometime. After three days he received a report from Bahemuka PW2
that his forest had been burnt. He entered the report in the Station diary after which he referred him to the forest officer.
there were still eye witnesses who saw the forests in question get burnt, Barnabas Mamwegisha
1 where the accident happened testified that he knew PW1
. While at his home he had an explosion of a vehicle having overturned. It fell at Ikombe
1 and his home was just half a mile from where the vehicle overturned. He went there. Fire spread over the whole hill and spread on both sides of the road. It destroyed forests PW1
. He saw the fire physically and went near vehicle which had been burnt beyond recognition. PW2
and PW3 went to him and he made a report to the RCII
Chairman and also made a report to the Police. In his evidence Twinomujuni
Edison a PW8
testified that PW2
was his father. On 24th
July, 1990 at about 2.00 p.m. he was at his home when he heard an explosion. He went there and he saw some fire burning. The fire originated from the vehicle which got burnt. His home was half a mile from the scene. After the explosion and after a short time fire spread to their trees (PW8
trees). The fire burn, their eucalyptus trees. At that time they could not stop the fire and his father PW2 was in Kampala.
When the latter returned he reported the matter to him. That the size of the forest that was burnt was about an hectare the whole of their forest was burnt.
Other forests burnt
was that of Frederick Butamanya PW3
and that of the Government which was on the right hand side as one comes from Ishaka Bushenyi