Court ordered the national stadium to pay businesswoman Jossy Gakumba Sh11.3 million in compensation or a broken leg.
This is after the woman took Mandela National Stadium to the Civil Division of the High Court in Kampala, demanding Sh80m in compensation at interest over the incident
According to Gakumba, she lost her leg after falling into an uncovered manhole after attending a party at Namboole back in 2016.
Justice Musa Ssekaana ruled that the businesswoman proved the ingredients of special damages and awarded her 7.9m.
The court also awarded Gakumba Sh3.5 million in general damages for the inconveniences caused by the defendants.
She was also awarded the cost of the suit.
“The rest of the claims for special damages are speculative and have not been proved to the satisfaction of the court.
General damages are also hereby awarded to the plaintiff to compensate her for the inconveniences accrued as a result of the actions of the defendant,” he ruled on Tuesday.
“Furthermore, a plaintiff who suffers damage due to the wrongful act of the defendant must be put in the position, he or she would have been if she or he had not suffered the wrong, ” added the judge.
Justice Musa observed that the businesswoman was temporarily incapacitated, hospitalized, and needed extra support to undertake her daily activities.
He noted that Mandela Stadium did not provide to contradict the plaintiff’s evidence.
“In absence of evidence, I find it more probable than not that the plaintiff’s injuries were as a result of the defendant’s negligence,” he said.
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He added that it was the duty of the stadium to ensure the safety of its visitors while on the premises.
According to the judge, Gakumba suffered personal injuries due to the conditions and activities of the occupiers of the premises.
“The defendant failed to cover the manhole in the parking area or uncovered dangerous manhole on functional security lights and did not to put up warning signs about the manhole,” she observed.
Gakumba argued that the manhole lacked cover nor warning post to that effect which she viewed was negligence on the part of the management of Mandela Stadium.
