While issuing the ruling, Justice Vincent Musoke-Kibuuka noted that the deceased’s parents had lost an investment. “Court was convinced that the boy’s life had taken a promising shape, he was deprived of a measure of happiness owing to the school’s negligence to which his life was prematurely terminated at its prime. Therefore shs25m is reasonable for loss of expectations of life,” the judge stated.
The judgement was delivered on Monday by the court’s civil division registrar Eudes Ketirima. The judge remarked that the deceased’s parents placed him in the expensive private school, as they hoped he would attain more traits and good character. The mixed boarding school is located in Nsangi, Wakiso district.
The deceased’s father Martin Kungu Wamiti sued for damages in September 2007. However on February 12, 2008, the deceased’s parents and the school consented and the parents were paid sh9.7m as special damages. But both parties were deadlocked on general damages, when the family demanded sh64m, while school offered sh7m.
Subsequently, the judge asked the school’s lawyers Luzige-Kamya, Kavuma and Company Advocates, plus the father’s lawyers Maranga and Company Advocates, to file written submissions.
School negligence towards students is attributed to the high numbers of students enrolled in schools which makes it hard for the school administration to take care of each child in the school.