Orphans sue Crest Foam for sh1.2b over accident

Two families in Mpigi district orphaned by an accident in February involving a lorry owned by mattress manufacturer Crest Foam Limited have sued demanding sh1.2b.

On May 25, Charles Katongole and James Musoke filed a civil lawsuit at the civil division of the High Court in Kampala. The driver of the lorry of license plates UAW 105Q, Moses Kita, is listed as co-defendant.

Through Newmark Advocates the plaintiffs, who sued on their behalf and that of the orphans, lament that they were deprived of bread winners.

Court documents indicate that the accident occurred on February 4 at Kibimba on the Madu-Kabulasoke road.

They are demanding compensation for negligence, loss of dependency, burial expenses, among others.

"But for the negligence and recklessness of the second defendant, the carnage would never have taken place, the deceased persons would all have lived, property would not have been destroyed, and all losses, expenses and other effects of deaths would not have arisen," the plaint states in part.

It is purported that Kita negligently and recklessly destroyed motorcycle registration number UDZ 937B, belonging to a one Yowas Tibaijuka.

He allegedly caused the unlawful death of Lazaro Barabesa, Federensa Nanteza, Sawuya Nabukenya, and a one Muhammad MJ.

The plaintiffs note that Barabesa was a healthy fully grown Ugandan, with four biological children who depended on him. They are demanding sh100m for each, making a total of sh400m.

They also want sh7,820,000 for burial expenses. Additionally, they demand sh100m for the death and pain inflicted on Barabesa, and sh50m for bereavement.

Nabukenya's orphaned child is demanding sh100m. Nanteza, Nabukenya, and Muhammad are demanding sh11,665,000 in burial expenses.

Musoke wants sh50m for the death and pain inflicted on Nanteza, and sh100m for the same on Nabukenya, sh70m for the toddler Muhammad, and sh150m for bereavement.

The plaintiffs want sh200m as a penalty for reckless driving, lamenting that it is rampant on Uganda's roads.

Crest Foam Human Resources manager Damalie Kikazi confirmed to New Vision that Kita is an employee. She also said the company's managing director Petua Kateeba was aware of the lawsuit.

"It was received by the MD [Petua Kateeba] and she gave me a clue of what happened. However, she is out of the country," said Kikazi.