THE REPBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
CIVIL SUIT NO.680 OF 1992
1. STEPHEN KASOZI
2. JOHN LUBEGA :::::::::::::::::::::::::PLAINTIFFS
4. CHRISTOPHER ALIAS JOHN
PEOPLES TPANSPORT SERVICE LIMITED:::::::::::::::::::DEFENDANT
BEFORE: — The Honourable Mr. Justice I. Mukanza
This suit was filed by the four plaintiffs namely Stephan Kasozi, John Lubega, Kavuma and Christopher alias John again the defendant as scheduled corporation seeking general and special damages for injuries sustained by them when the motor vehicle which they were travelling in driven by the defendant’s servant or agent overturned on 19th January 1992. When the matter came before court for hearing the third plaintiff did not attend. This judgment therefore is in respect of the three plaintiffs. The claim by the third plaintiff against the defendant was in opinion thereby dismissed pursuant to Order 9 Rule 9 of the Civil Procedure Rules.
According to the plaint at all material times the defendant was the registered owners of motor vehicle Registration Number UPN 117. On or about 10.00a.m the plaintiffs were passengers in the defendants motor vehicle which overturned at Bwesira on Mubende Fort Portal road (near Nabingole). That was so by area of the negligence of the defendant’s servant/agent who was driving the motor vehicle in the course of his duties. The plaintiff further alleged that the said accident was caused solely by the negligence of the defendant’s driver.
In their written Statement of Defence the defendant denied that the said accident was caused by the negligence of defendant’s driver/agent and that the plaintiffs shall be put strict proof thereof.
At the commencement of the trial the following issues were framed;
(1) Whether the accident happened as alleged.
(2) Whether the plaintiffs were involved in the accident as alleged.
(3) Whether the plaintiffs were injured as pleaded.
(4) Whether the defendant’s driver was negligent.
(5) Whether the plaintiffs were entitled to the reliefs claimed.
(6) And what is the quantum of damages to be awarded to the plaintiffs.
All the plaintiffs gave evidence. The first plaintiff (PW1
) Stephen Kasozi
, testified that on 20th
January 1992 he boarded peoples Bus at the UTC
(Uganda Transport Company) Headquarters Kampala when proceeding home. He was seated on the third chair from the driver’s seat. On the way at a place called Mugwanika
they met a lorry coming from Fort Portal going to Kampala. The two met at a corner. Before the lorry was overtaken the bus in which he was travelling
tilted and went on itself only to find that it had overturned. He did not know
what followed. He was unconscious and found himself in the Hospital. As a driver he knew the Bus was speeding up and the two vehicles made the accident. At first he was taken to Mubende
Hospital. Later his relatives transferred him to