Parent sues school for sh1b over son's death

COURT

KAMPALA - A parent has dragged Sir Apollo Kaggwa Primary School in Nakasero to court, demanding sh1b in damages over the death of his child.

On July 25 this year, while in class, five-year-old Imran Sentamu Kyagulanyi was hit by a loose frame of timber that had a thick layer of granite affixed on it.

Sentamu, who was in top class at the school, sustained blunt force trauma, injuries that led to his death about an hour after the freak incident.

Martin Sentamu, the father of the child, sued the school in the Civil Division of the High Court on Monday, saying his son had been in good health and had had no medical complications before his death.

He is arguing that the conduct of the school amounted to gross negligence, for which it is liable in damages for the inconveniences, mental anguish and stress.

"The school owed a high duty of care to the deceased and other pupils and exposing him to the loose frame of timber that eventually occasioned the loss of his life at the school premises was a fundamental breach of the duty of care," Sentamu says.

He adds that the death of his son caused him and his family excessive emotional distress, mental anguish, and that  his son's younger sibling, who was also a pupil at the school, became so traumatised that he has since refused to return to the school.

Sentamu says the school is liable for loss of expectation of life for leading to the death of a child of tender years. He is seeking a declaration that the death of his child resulted from the school's negligence. He also wants the costs of the suit and interest.

The court registrar, Sarah Langa, has directed the school to file its defence concerning the allegations within 15 days.

"Should you fail to file a defence on or before the date mentioned, the plaintiff may proceed with the suit and judgement may be given in your absence," Langa warned.