REVISION QUESTIONS – CIVIL PROCEDURE 1

On 17th June 2021, there was a riot of taxi drivers and conductors in Jinja Town over
UTODA fees. UTODA officials, together with members of the Uganda Police and officials
from Jinja Municipal Council Local Defence Force engaged in “cat and mouse” battles
with the errant drivers and conductors. The main roads to Kampala and Iganga were
blocked off by the taxi drivers and their conductors causing a lot of traffic jam for vehicles
moving out of, into and through Jinja town.

The Military Police from Gadaffi barracks was called in to reinforce the other security
forces in maintaining law and order. In one of the instances, a taxi registration number
UBF 211 belonging to a one Wakudumira Sam veered off the road and into a shop
belonging to Kamoga Justus along Main Street. Kamoga’s wife, Nabirye was injured and
she broke her leg. Her three-month-old son Mutooto who was in the shop with her at
that time however died in the accident. Several properties estimated in value at about
Uganda Shillings 15,000,000 were destroyed.

An ambulance belonging to the Ministry of Health, but allocated to Jinja Hospital with
registration Number UG 399M, that had come to take Kamoga’s wife and the dead child
to hospital knocked two children, Kaluya David and Opito Solomon who were returning
to their respective homes from Main Street Primary School. The two had serious injuries
and their parents Kungu Joshua and Opito Silas had to spend about Uganda Shillings
40,000,000/= and 32,000,000/= respectively on their treatment. The children however
still have limps in their movement.

In the running battles between the combine security forces along Luba’s Road, the
military Police was forced to fire bullets in the air. Unfortunately, Kirunda Yekosofati , a
bodaboda man who was crossing the street was hit by a stray bullet and he died on the
spot. He is survived by a widow, Nabutono Manjeri and a 15 year old son, Bikonde
Yoweri.

The Resident District Commissioner, Bosco Kasambeko ordered the arrest of each and
every taxi driver and conductor who was causing chaos. The Jinja District Police
Commander Opio Gideon ordered that all taxis that were found blocking the road be
towed to Walukuba stadium. A number of taxi drivers and conductors were arrested. The
chairperson of the Jinja Taxi Drivers and Conductors Association Lubowa Paulo states
that many were ordered to frog jump from whichever places they were found up to Jinja
Central Police Station. A number of them were kicked, slapped and caned by the Police
and military police. They were later released without charge after the intervention of the
District chairperson.

(a) Identify the possible parties to the action and justify your choice of parties.
(b) Identify the possible causes of action and explain the procedure you would
adopt in pursuing them.
 (c) Suppose you were counsel for the defence, what possible defences would
you come up with?
(d) Identify the documents you would require and justify your choice of those
documents.
2. One Monday morning as you have just settled down in your chambers,
Immaculate Korugyendo’s mother, Anna Marie Nkasiima, storms into your newly
established offices, Bae & Co. Advocates situated at Post office Building, Kampala
Road, without waiting to be ushered in by the secretary.

'What is it Anna?', you enquire.

'It is my daughter Immaculate”, she replies

She then continues to narrate how her daughter had been knocked down by a bus
that had been speeding as she was about to cross the Main street in Mbarara. The
bus was owned by Mwesigye Patrick, a businessman based in Kampala whose
address she gives as Box 333 Kampala.

“The accident was on the 18th August 2019 almost three years ago but my
daughter's injuries have not healed”, she continues.

“We really have to sue Mwesigye and that careless driver of his Muhangi Dereva.
I need to know that there will be some money due by the time my daughter turns
eighteen on 28th December 2021”

She hands you the documents she has in her possession and you notice the
following:-
(i) The vehicle is registration number UBA9001Z
(ii)The injuries sustained by Immaculate Korugyendo as per the medical report
are:-
a) Loss of two front teeth,
b)Fracture of the left leg,
c)Bruises on the head.

You calculate the special damages from the receipts on your desk and notice that
the medical treatment is about Uganda shillings 10,000,000. From your
assessment, the entire claim cannot exceed Uganda shillings 52,000,000.

“I need my daughter compensated',she says, placing Uganda shillings 5,000,000

on your desk. “'That is your deposit for the work. Her full names are Immaculate
Korugyendo Mtomo. Oh, and i hear Mwesigye Patrick pays. Perhaps you should
give him a call.”

You, of course, know that Mwesigye Patrick is unlikely to pay the claim without
you filing suit.
Identify the legal issues involved and prepare the appropriate documents.