Topic: Duty of Care - Negligence of Employer Resulting in Death of Employee
Date of Judgment: 10th July 2024
Court: High Court of Uganda at Jinja
Case Number: Civil Suit No. 58 of 2015
Judge: Hon. Lady Justice Faridah Shamilah Bukirwa Ntambi
Summary Facts of the Case
The plaintiff, Auma Betty Okullu filed this lawsuit against the defendant, National Water & Sewerage Corporation (NWSC) for the loss of her son, Bosco Atube, who died while trying to unblock a public sewer owned by the defendant.
She claimed that NWSC was negligent in not providing her son with adequate protective gear in the form of oxygen masks, communication equipment, etc, thus violating Section 13 (1) of the Occupational Safety Act.
She sought compensation for loss of expectation of life, bereavement, and pecuniary support on her own behalf and that of the deceased's dependants.
NWSC denied negligence, stating that the deceased at the time of his accident acted without the knowledge and authority of the corporation.
That the deceased left his protective gear behind and was therefore on a "frolic of his own".
Main Legal Issue
Whether the deceased's death was caused by the negligence of the defendant.
Despite NGO claiming its landlord had attempted to evict it and was in the process of selling the land before Appeal, Judge opts for formal court process of execution.
