Turyatunga v Sietco International (Civil Suit 934 of 1990) [1992] UGHC 66 (19 June 1992)

Full Case Text

IN THE'HIGH COURT OF UGANDA AT KAMPALA LrimT~su:iT no, gj^-orM^e—— FRANK TURYATUNGA ....................................................................... PLAINTIFF. VERSUS

SIETCO INTERNATIONAL DEFENDANT. • BEFORB:■ The Honourable Mr. Justice J. W. N, Tseko'oko

## J U D G ME NT

In this suit the plaintiff claimed for general and special Ramages from the defendant because of an accident involving plaintiff1 s vehicle Reg. No. UXT 0?8 and defendant's vehicle Registration No. UXZ 4l6t The accident occurred on 19th May, 1989 at Jezza on .. Mityana/Kampala Road .

The defendant was served with summons to enter appearance on 12th November, 1990^ Defendant failed to enter appearance. Interlocutory judgment was b'n -1-Sth February, 1991 entered against the defendant pursuant to 0.9 Rule 6 of the Civil Procedure Rules. The suit was before me on 2nd April, 1992 for purposes of assessment of damages. In fact according to affidavit of service defendant was served for purposes of hearing the case on 2nd April, 1992\* On that day nobody appeared for the defendant. According to our practice even the attendance would have been a formality.

The plaintiff established ownership of his vehicle. His evidence on damage to his vehicle is supported by PW2 (Twine Gershom) who v/as his turnboy of the vehicle. The same PW2

.... L/2

established the circumstances of how the defendants vehicle caused the -accident -on--19t.h\_May., 19.8^ and how he and the driver reported the accident to Bujjuko Police post. This is uncontroverted.

*2*

PV/J, Michael Mukiibi, a mechanic testified to the damage he observed on the plaintiff's vehicle. He repaired the vehicle. He confirmed that plaintiff paid shs. 2,750,000/= to cover cost of spares and as labour charges. He also confirmed that plaintiff's vehicle was in his garage for repair purposes from about May till 23rd September, 1989 when he handed it over to the plaintiff. He produced Exh. P.2 in support of Shs. 2,750,000/=. The vehicle was most probably taken to him during June, 1989 (See evidence of PW4) but this is immaterial.

PW4, ASP Francis Banganza, an I0V, confirmed having inspected the plaintiff's vehicle on 13th June, 1989 and noted his observations of damage and condition of the vehicle on Vehicle Inspection report Exh. P.1.

I agree with submissions of Mr. Akampurira that the claim for -Shs. 2,750,000/= Qcost of spares and labour charges) have been established and I ward that amount to the plaintiff. I also award him Shs. 3,000/= as cost of the Traffic Accident Peport.

In his evidence the plaintiff claimed for lost income at the rate of Shs. 30,000/= per day. That amount excludes the maintanance expences of the vehicle. He claimed that that amount is for the period 19th May, 1989 to 23rd September, 1989. The total number of days is 126 days. That would give lost income in all amounting to Shs. 3,780,000/=. Though counsel asked for 3,720,000/= which is for 124 days. Hower I don't expect, in a practical world, .. /3

that the plaintiff had the vehicle on the road for all 126 days without, for instance, servicing it. The service would cause some delay or reduce the income because the vehicle would not be operating. $T$ That would therefore round down the number of days to 120 days. gives lost income as Shs. 3,600,000/= which I award to the plaintiff.

Counsel submitted that I should award Shs. 2,000,000/= as general damages. I think that figure is too high in the circumstances of this case. I shall award the plaintiff Shs. 300,000/= as general damages.

Counsel submitted that I should order for the decretal amount to carry 40% p.a. as interest. I see problem with that. Therefore I agree. Actually interest on special damages abould normally accrue from date special damages are incurred. But I was not so moved.

Consequently judgment is entered for the plaintiff and against the defendant in those terms !-

- (i) Special damages Shs. $2,753,000/$ = - (ii) Lost income Shs. 3,600,000/= - (iii) General damages Shs. 300,000/= (Three hundred thousand) - (iv) Interest on the total sum of Shs. 6,653,000/= (i.e. on (i), (ii) and (iii)) at the rate of 40% p.a. from the date of this judgment till payment in full. - $(v)$ The defendant shall pay to the plaintiff the taxed costs which shall carry interest at court rates from date of taxation till payment in full.

J. W. N. TSEKOOKO UDGE $19/6/1992.$

$10000000000000$

$\overline{3}$

$23/6/1992.$

Plaintiff present. Akampurira for plaintiff. Court clerk absent.

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**TAX SERVICE**