FIRM C1

1. AKENA STEPHEN
2. AKULLO SUSAN
3. APEDO JOEL
4. ASIIMWE CLARET
5. BARUNGI RAYMOND PAUL
6. KANYUNYUZI JOLLY
7. SERU KATS MARVIN MORIS
8. GUTTABINGI DOREEN
9. MAZIMA RHITA
10. NAMBUYA VANNESA LORNA
11. NANSUBUGA SHAMIRAH
12. NANZIRI LAIRAH MANEL
13. MUKUYE GERALD
14. MUNYAGWA MUBARAK SSERUNGA
15. MUSOOKA MOSES KIMERA
16. HERBERT MUHINDO
17. AKELLO PATRICIA OCHWO
18. NATUKUNDA IRENE KAHIRIITA
19. NAZZIWA LYNETTE SENGIRI
20. SEGANTEBUKA MULUMBA
21. SSEKAMWA GRACE
22. SSALI JUMA
23. THEMBO SALVIAN
24. TAKWANA SHADRACK
25. WANDERA ERASMUS
26. KYAGERA FRED SEKATAWA
27. NDAGIRE VALEESHA
28. TUSINGWIRE NATASHA
29. MAYANJA HENRY WALUSIMBI
30. NAMIREMBE RITAH YVONNE
31. NALWOGA BRIDGET
32. JANARI EMMANUEL
33. MUSIMENTA DOROCK
34. OWEMBABAZI GELADINE
35. NALUGO ALEXANDRIA
36. NYANGOMA MACKLEEN GRACE
37. KARUNGI RUTH
38. WONIALA SOLOMON
39. NANSUBUGA SHAMIRAH
40. MALOBO GODFREY
41. KATUSABE PETER.

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT FORT PORTAL
 CIVIL SUIT NO. 596 OF 2024

NATUKUNDA JOVELET MBABAZI ----------------------------------------------- PLAINTIFF

VERSUS
1. ZARA GENERAL (U) LTD---------------------------------------------------1st DEFENDANT
2. NATAMBA FRANK-----------------------------------------------------------2nd DEFENDANT

AMENDED PLAINT
(Under the Order 6 Rule 20 & Section 5 and 11 of The Law Reform Miscellaneous Provisions
Act Cap. 289)
1. The Plaintiff is a female adult Ugandan of sound mind aged 60, a mother and
administrator of the estate of the late Innocent Brian address of service for purposes of
this suit shall be M/S C1(1) & COMPANY ADVOCATES,5TH FLOOR, COMMUNICATIONS
HOUSE, PLOT 1, COLVILLE STREET, P. O. BOX 36036, KAMPALA. (Copy of the letters of
administration is attached and marked A")
2. The 1st Defendant is a limited liability Company incorporated under the laws of Uganda
with capacity to sure and be sued and doing business in Uganda and the Plaintiff’s
lawyers undertake to effect service of Court process on it.

3. The 2nd defendant is a male adult Ugandan of Sound mind and the employee(driver) of
the 1st defendant and the Plaintiffs lawyers undertake to effect service of Court process
on him.

4. The Plaintiff brings this action on her behalf and also on behalf of other family members
under the Law Reform Miscellaneous Provisions Act Cap. 289.

5. The cause of action against the defendants is for negligence occasioning death of
Innocent Brian, aged 35 years and a resulting claim for special and general damages for
lose of dependency and expectancy, interest and costs of the suit.

6. The facts constituting the plaintiff’s cause of action are as follows:

(a) That on 20th of October 2024 Motor vehicle Reg. No. UBE 038Y which was being
driven at a very high speed by Natamba Frank, the 2nd defendant herein and
 employee(driver) of the 1st defendant in the course of his employment knocked
Innocent Brian, a medical student at Fort portal College of Health Sciences who was
lawfully walking along Kasese road in Fort Portal Town at the Kahinju Road Junction
in Kabarole District (A copy of the Police Report is attached and marked "B")

(b) On the same day of 20 October. 2024, Police visited the scene of the accident,
collected the body of late Innocent Brian and took him to Fort Portal Regional
hospital where he was pronounced dead on arrival. (A copy of the postmortem
report ia attached and marked “C”)

(c) On 30h October. 2024 ASP. Ogeni Richard who is a Police Inspector of vehicles for
Rwenzori Region made a report and an opinion that the said motor vehicle was in
good mechanical condition before the accident. (A copy of the police report is
hereto attached and marked “D”)
(d)
7. The Plaintiff shall contend that at the time of the deceased death, he was a healthy and
hard-working young man aged 35 years, a medical student in his final year with high
record performance in his previous years, who has been verry obedient, disciplined and
respectfully person always helping the plaintiff in the daily works at home during
holidays and had a promising future.
PARTICULARS OF THE DEPENDANT
1. The plaintiff aged 60
2. Loss of services the deceased has been offering to the plaintiff
3. Missed love the plaintiff has been receiving from the deceased.
8. The plaintiff shall aver and content that the accident was solely caused by negligence of
the Defendant's driver who was recklessly driving the said motor vehicle at a high speed
in the course of his employment and for which the 1st Defendant is vicariously liable.

Particulars of Negligence
The particulars of the negligence are that:
 The 2nd defendant was rrecklessly driving the said vehicle without due care to other
road users;
  The 2nd defendant was driving the said vehicle at a high speed and could not brake to
avoid the accident;
 The 2nd defendant was recklessly driving of Motor vehicle Reg. No. UBE 038Y in a
town and in a junction and resultantly knocked a one Innocent Brian who upon
referral to hospital was declared dead upon arrival (A copy of the post mortem report
is attached and marked "C").
9. The Plaintiff shall further aver that the late Innocent Brian who was in his youthful age
was very helpful during his holidays and the fact that he was in his last year of his
studies, on completion he would carn a salary and support the Plaintiff financially.

10. The Plaintiff shall further aver that upon the death of her only son. she incurred
burial expenses which are summarily listed hereunder:
(i) Medical and travel expenses incurred by the mother of the
deceased:5,000,000/=
(ii) Buying of the coffin shs. 500,000/=
(iii) Embalming shs. 250,000/=
(iv) Grave construction shs. 600,000/=
(v) Grave finishing shs.400,000/=
(vi) Public address system (3days) shs.2,400,000/=
(vii) Master of ceremonies for the funeral shs. 100,000/=
(viii) Announcements and messages for the death of Innocent Brian shs. 350.000/=
(ix) Catering services, foods, beverages and security shs.10,484,000/=
(x) Transportation of remains of Innocent Brian shs 700.000/=
(xi) Water service vehicle. generator and fuel shs. 1,570,000/=
(xii) Education costs shs. 8,000,000/=
(xiii) Future Expectations shs. 10,000,000/=
(xiv) General Receipt for Police Traffic Report shs. 80,000/=
(General Payment receipt is attached and marked "I")
(xv) Other expenses including processing the death certificate, Letters of
Administration shs. 2,000,000/=
(Detailed report of burial expenses and receipts to be produced at the hearing).
Particulars of General Damages
(a) Lost services and support during holidays.
(b) Cutting short life that would have been very productive in the future.
(c) Grief to the plaintiff upon loss of her only son.
(d) Lost financial dependence upon completion of the course.
(e) The deceased would have lived over 60 years taking care of his family and the plaintiff.
11. A notice of intention to sue was served to the Defendant who ignored the same.(A copy
of the notice of intention to sue is attached and marked "D")
12. The cause of action of negligence whose claim therein is of over 50,000,000 shillings
arose in Fort Portal City within the jurisdiction of this honorable court.

WHEREFORE. the Plaintiff prays judgement be entered jointly and severely against the
defendants for:
(a) A declaration that death of Innocent Brian was negligently caused by Natamba Frank for
which the Defendant is vicariously liable.
(b) Compensation for loss of life and dependence
(c) General damages and special damages resulting from the death of Innocent Brian as
prayed for herein.
(d) The defendants should pay interest of 25% from the 20th October, 2024 until payment in
full.
(e) Costs of the suit.
(f) Any other relief that the Court deems fit.

DATED at Fort portal this________24_______day of ___February____2025.

_______________
COUNSEL FOR THE PLAINTIFF
DRAWN & FILED BY:
M/S C1(1) & COMPANY ADVOCATES,
5TH FLOOR, COMMUNICATIONS HOUSE,
PLOT 1, COLVILLE STREET,
P. O. BOX 36036,
KAMPALA.
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT FORT PORTAL
CIVIL SUIT NO. 596 OF 2024

NATUKUNDA JOVELET MBABAZI ----------------------------------------------- PLAINTIFF

VERSUS
1.ZARA GENERAL (U) LTD-----------------------------------------------------1st DEFENDANT
2.NATAMBA FRANK-------------------------------------------------------------2nd DEFENDANT

SUMMARY OF EVIDENCE
The plaintiff shall lead evidence at the hearing of the case to prove that:

13. The facts constituting the plaintiff’s cause of action are as follows:
A) That on 20th of October 2024 Motor vehicle Reg. No. UBE 038Y which was being
driven at a very high speed by Natamba Frank, the 2nd defendant herein and
employee(driver) of the 1st defendant in the course of his employment knocked
Innocent Brian, a medical student at Fort portal College of Health Sciences who was
lawfully walking along Kasese road in Fort Portal Town at the Kahinju Road Junction
in Kabarole District.
B) The plaintiff shall adduce further evidence that the defendant is vicariously liable for
its employee action and reckless driving which occasioned the death of the
deceased.

LIST OF WITNESSES

1. Natukunda Jovelet
2. ASP Ogeni Vicent
3. Dr. Jonathan Katusimwe
4. Others with leave of court

LIST OF DOCUMENTS

1. Police report
2. Post mortem Report
3. School identification card
 4. Detailed report of burial expenses
5. Notice of intention to sue

LIST OF AUTHORITIES

1. The Civil procedure Act Cap 282

2. The Civil procedure Rules SI 71-1
3. Case law
4. Others with leave of court

Dated at Fort portal this …… day of February 2025

…………………………..
COUNSEL FOR THE PLAINTIFF
DRAWN & FILED BY:
M/S C1(1) & COMPANY ADVOCATES,
5TH FLOOR, COMMUNICATIONS HOUSE,
PLOT 1, COLVILLE STREET,
P. O. BOX 36036,
KAMPALA.
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT FORT PORTAL
CIVIL SUIT NO. 596 OF 2024

NATUKUNDA JOVELET MBABAZI -----------------------------------------------

PLAINTIFF
VERSUS
1.ZARA GENERAL (U) LTD-----------------------------------------------------1st DEFENDANT
2.NATAMBA FRANK-------------------------------------------------------------2nd DEFENDANT

WITNESS STATEMENT OF NATUKUNDA JOVELET MBABAI

I, NATUKUNDA JOVELET MBABAZI C|O M/S C1(1) & COMPANY ADVOCATES,5TH

FLOOR, COMMUNICATIONS HOUSE, PLOT 1, COLVILLE STREET, P. O. BOX 36036, KAMPALA
do hereby make this statement and state as follows:
1. That I am female adult Ugandan of sound mind aged 60 and a resident of kasusu in
Fortportal and the mother and an administrator of the estate of late Innocent Brian aged
35 years
2. That on the 20th of October 2024 I received a call from the 2024 ASP. Ogeni Richard
police officer informing me that Innocent Brian my son had been involved in a car
accident.
3. That I went and visited the scene, found the vehicle had overturned, with blood all over
the road and my son had been taken to Fort Portal Regional Referral Hospital where he
was pronounced dead before seeing him.
4. that I reached the hospital only to see the lifeless body of my soon, whom I identified and
the doctors told me take heart and keep outside as they work on him and I have been
traumatized by the loss of my only son.
5. That I came to realize the person who knocked my son was Natamba Frank who was
driving moto vehicle Reg No. UBE 038Y who had been arrested by police and an
employee of the defendant.
6. That I had invested heavily in his education and all came to nothing
7. That on 21st day of October 2024, me with other family members received the deceased
body from Fort Portal Regional Referral Hospital for burial and we buried him on 22 nd
day of 22nd of October 2024 at our home in kasusu within fort portal and incurred great
expense during his burial and received no support from Innocent Brian and his
employers.

8. I declare that the contents of this statement are true to the best of my knowledge and
belief.

DATED at FORT PORTAL this 24th day February 2025.

By the said;
…………………………………………………
DEPONENT
NATUKUNDA JOVELET MBABAZI

DRAWN & FILED BY:

M/S C1(1) & COMPANY ADVOCATES,
5TH FLOOR, COMMUNICATIONS HOUSE,
PLOT 1, COLVILLE STREET,
P. O. BOX 36036,
KAMPALA.

THE REPUBLIC OF UGANDA

THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT FORT PORTAL
CIVIL SUIT NO. 596 OF 2024

NATUKUNDA JOVELET MBABAZI -----------------------------------------------

PLAINTIFF
VERSUS
1.ZARA GENERAL (U) LTD-----------------------------------------------------1st DEFENDANT
2.NATAMBA FRANK-------------------------------------------------------------2nd DEFENDANT
 WITNESS STATEMENT OF ASP OGENI RICHARD
1. I, ASP OGENI RICHARD of M/S C1(1) &COMPANYA DVOCATES,5THFLOOR,
COMMUNICATIONS HOUSE, PLOT 1, COLVILLE STREET, P. O. BOX 36036, KAMPALA hereby
make oath and solemnly state as follows;
2.THAT I am a male adult Ugandan of sound mind a Police Inspector of vehicles for Rwenzori
Region.

3.THAT on the 30th October, 2024, I made a report and made an opinion that the said motor
vehicle was not in a dangerous mechanical condition before the accident.

4.THAT the accident was solely caused by negligence of the defendant’s driver Natamba
Frank who was reckless in driving the said motor vehicle Reg. No. UBE 038Y.

4.THAT the said vehicle on the 20th October 2024 the defendant’s driver knocked down
Innocent Brian, a medical student at Fort portal College of Health Sciences who was walking
along Kasese road in FORT PORTAL town (a copy of the police Report is attached and
marked “B”)

1. I declare that the contents of this statement are true to the best of my knowledge
and belief.

DATED at FORT PORTAL this 24th day of February2025.

By the said;
…………………………………………………
DEPONENT
ASP OGENI RICHARD
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT FORT PORTAL
CIVIL SUIT NO. 596 OF 2024

NATUKUNDA JOVELET MBABAZI -----------------------------------------------

PLAINTIFF
VERSUS
1.ZARA GENERAL (U) LTD-----------------------------------------------------1st DEFENDANT
2.NATAMBA FRANK-------------------------------------------------------------2nd DEFENDANT

WRITTEN STATEMENT OF DEFENCE

1.Save as wherein expressly admitted the Defendants denies each and every allegation
contained in the Plaint as if the same were set forth verbatim and traversed seriatim.

Paragraphs 1,2, & 3 of the Plaint are admitted save that the Defendants Address for the
purpose of the suit shall be M/S C1 & COMPANY ADVOCATES,5TH FLOOR,
COMMUNICATIONS HOUSE, PLOT 1, COLVILLE STREET, P.O. BOX 36036, KAMPALA.

2.Paragraph 4 of the plaint is denied and the Plaintiff shall be put to strict proof thereof.

3.Paragraph 5 in its entirety is admitted

4.Paragraph 6 is denied and the plaintiff shall be put to strict proof thereof and the
defendants states as follows:
 a) The Defendants shall aver and contend that the 2nd defendant was on his good side
of the road when accident happened and he was in the right lane at Kahinju Road
Junction in Kabarole District when INNOCENT BRIAN (herein referred to as the
deceased) recklessly crossed the road. (attached is the video footage dated 20th
October 2024 showing the events of the accident marked as annexture “A”)
b) That the deceased recklessly crossed the road from the junction which contributed
to the accident thus giving no regard to his life.

PARTICULARS OF THE DECEASED NEGLIGENCE.

a) Walking on the wrong side of the road.

b) Crossing the road without reasonable care.
c) Out of nowhere running into the road without looking left and right.

5.Paragraph 9 of the plaint, the Defendants denies receipt of the said Notice of Intension to
sue but submit to the jurisdiction of this Honorable Court.

6.Paragraphs 8 and 10 of the plaint and all the prayers thereunder are denied in toto save
for the jurisdiction of court and the plaintiff shall be put to strict proof thereof.

FOR REASONS WHEREFORE the Defendants prays that the suit be dismissed with costs.
Dated at Kampala this 23rd day of February 2025.
………………………………………………………………
COUNSEL FOR THE DEFENDANT

Lodged in this Honorable Court this 23rd day of February 2025

……………………………………………………………………..
REGISTRAR
DRAWN & FILED BY:
M/S C1 & COMPANY ADVOCATES,
5TH FLOOR, COMMUNICATIONS HOUSE,
PLOT 1, COLVILLE STREET,
P. O. BOX 36036,
KAMPALA.
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT FORT PORTAL
CIVIL SUIT NO. 596 OF 2024

NATUKUNDA JOVELET MBABAZI -----------------------------------------------

PLAINTIFF
VERSUS
1.ZARA GENERAL (U) LTD-----------------------------------------------------1st DEFENDANT
2.NATAMBA FRANK-------------------------------------------------------------2nd DEFENDANT

SUMMARY OF EVIDENCE
The defendants shall adduce evidence to prove that the plaintiffs’ son was contributorily
negligent and that negligence was a substantial contributing factor to the accident.

LIST OF WITNESSES
1. The defendant’s Managing Director (Mr. Aloka James)

2. Any other with leave of Court

LIST OF DOCUMENTS
1) Moto Vehicle registration details
 2) Traffic Police report
3) video footage
4) Any other document with leave of Court
LIST OF AUTHORITIES
1. The Civil Procedure Act Cap 282
2. The Civil Procedure Rules SI 71-`1
3.The Evidence Act Cap 8
4. The case law
5. Any other with leave of court.

DATED AT THIS 23RD OF FEBRUARY, 2025

............................................................................
COUNSEL FOR THE DEFENDANT

DRAWN & FILED BY:

M/S C1 & COMPANY ADVOCATES,
5TH FLOOR, COMMUNICATIONS HOUSE,
PLOT 1, COLVILLE STREET,
P. O. BOX 36036,
KAMPALA.

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT FORT PORTAL
CIVIL SUIT NO. 596 OF 2024

NATUKUNDA JOVELET MBABAZI -----------------------------------------------

PLAINTIFF
VERSUS
1.ZARA GENERAL (U) LTD-----------------------------------------------------1st DEFENDANT
2.NATAMBA FRANK-------------------------------------------------------------2nd DEFENDANT
 JOINT SCHEDULING MEMORANDUM
NAMES & ADDRESSES OF FIRMS REPRESENTING THE PARTIES
COUNSEL FOR THE PLAINTIFF
C1(1) & CO. ADVOCATES,
5th FLOOR COMMUNICATIIONS HOUSE,
PLOT 1 COLLIVILLE STREET,
P.O.BOX 36036.
KAMPALA UGANDA.

COUNSEL FOR THE DEFENDANTS

C1 & CO. ADVOCATES,
5th FLOOR COMMUNICATIIONS HOUSE,
PLOT 1 COLLIVILLE STREET,
P.O.BOX 36036.
KAMPALA UGANDA.

NAMES OF COUNSEL FOR THE TRIAL

For the Plaintiff
1. Musimenta Dorock
2. Ngagire Valesha

For the Defendant

1. Karungi Ruth
2. Sali Juma

PLAINTIFF’S FACTS

1. That on 20th of October 2024 Motor vehicle Reg. No UBE 038Y which was being driven by
Natamba Frank, the driver of the defendant in the course of his employment in fort
portal town at Kahinju Road Junction in Kabarole District knocked Innocent Brian, a
medical student at fort portal College of Health Sciences who was walking along Kasese
road.
2. That on the same day of 20th October, 2024, police visited the scene of the accident,
collected the body of the late Innocent Brian and took him to Fort portal Regional
Referral Hospital upon which he was declared dead on arrival.

3. That on the 30th October, 2024 ASP, Ogeni Richard who is a Police Inspector of vehicles
for Rwenzori Region made a report and made opinion that the said motor vehicle was
not in dangerous mechanical condition before the accident.

4. That the plaintiff shall aver that the accident was solely caused be negligence of the
Defendant’s driver who was recklessly driving the said motor vehicle in the course of his
employment and for which the defendant is vicariously liable.

DEFENDANTS’ FACTS
9. That on 20th of October 2024 Motor vehicle Reg. No UBE 038Y which was being driven by
Natamba Frank, the driver of the defendant in in fort portal town at Kahinju Road
Junction in Kabarole District knocked Innocent Brian, a medical student at fort portal
College of Health Sciences who was walking along Kasese road.

PROPOSED ISSUES BY THE PARTIES

1. Whether the defendant is responsible for the accident

2. What remedies are available to the aggrieved party?

Plaintiff’s Witnesses

1. Natukunda Jovelet

2. DPC John

3. Kataremwa Innocent

4. ASP Ogeni Vicent

5. Moses Atwine

6. ASP Yolamu

7. Others with leave of Court

Defendants’ Witnesses

1. Natamba Frank (The driver)

Plaintiff’s Documents
1. Letters of Administration
2. School Identification
3. Police Report
4. Postmortem Report XXX
5. General Report
6. Detailed report of burial expenses
7. Notice of intention to sue
8. Others with leave of court

Defendants’ Documents
1. Moto Vehicle registration details
2. Traffic Police report XXX
3. video footage

DISAGREED DOCUMENTS
1. Particulars of Negligence
Plaintiff’s Authorities
The law Reform Miscellaneous Provisions Act Cap.79
The Civil Procedure Act, Cap 71
The Civil Procedure Rules S.1 71-1
Case law
Others with leave of Court

Defendants’ Authorities

The law Reform Miscellaneous Provisions Act Cap.79

The Civil Procedure Act, Cap 71
The Civil Procedure Rules S.1 71-1
Case law
Others with leave of Court

DATED at FORT PORTAL this 24 THE day of February,

2025.
………………………………………… ……………………………………
Counsel for the Plaintiff Counsel for the defendant

LODGED in the Registry of this Honourable court this 24th day of February 2025

JOINTLY DRAWN AND FILED BY:

(Counsel for the Plaintiff)

C1(1) & CO. ADVOCATES,
5th FLOOR COMMUNICATIIONS HOUSE,
PLOT 1 COLLIVILLE STREET,
P.O.BOX 36036.
KAMPALA UGANDA.

(Counsel for the defendant)

C1 & CO. ADVOCATES,
5th FLOOR COMMUNICATIIONS HOUSE,
PLOT 1 COLLIVILLE STREET,
P.O.BOX 36036.
KAMPALA UGANDA.
F
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT FORT PORTAL
CIVIL SUIT NO. 596 OF 2024

NATUKUNDA JOVELET MBABAZI -----------------------------------------------

PLAINTIFF
VERSUS
1.ZARA GENERAL (U) LTD-----------------------------------------------------1st DEFENDANT
2.NATAMBA FRANK-------------------------------------------------------------2nd DEFENDANT

PLAINTIFF’S TRIAL BUNDLE

INDEX PATICULARS ANNEXTURES

1. Plaint A
2. A copy of the Police Report B
3. A copy of the letters of administration A
4. A copy of the postmortem report C
5. Summary of Evidence D
6. Summons to file a defence E
7. Witness statement of Natukunda Jovelet Mbabazi F
8. Witness statement of ASP Ogeni Richard G

DATED at KAMPALA this 24th day of February 2025.

………………………………………………………………….

M/S C1(1) & COMPANYA DVOCATES

(COUNSEL FOR THE PLAINTIFF)

DRAWN & FILED BY:

M/S C1(1) & COMPANY ADVOCATES,
5TH FLOOR, COMMUNICATIONS HOUSE,
PLOT 1, COLVILLE STREET,
P. O. BOX 36036,
KAMPALA.