The High Court Civil Division in Kampala has ordered Stirling Civil Engineering Limited to pay Charles Besigwa Shillings 86 Million as compensation for the loss of his son Jonan Agaba Besigwa while digging an underground pit.
Justice Musa Ssekaana delivered the verdict in an application filed by Besigwa against the construction firm.
Besigwa petitioned the court in 2014 arguing that on January 4th, 2014 at around 7:00 am, the deceased reported for duty at the Company’s site at Kafumbe, Mukasa Road where he was instructed to go to work in an underground pit.
He, however, explained that a Backhoe, which was working above, dumped soil that buried his son noting that there was no supervisor to coordinate and direct employees while executing the excavation duties.
Through his lawyer Dr James Akampumuza, Besigwa asked the court to direct the company to compensate him for the damages caused and the loss of earnings by his 28-year-old son.
In its defence, the construction firm through its lawyer Geoffrey Mutaawe asked the Court to dismiss the case on grounds that the deceased was not its employee but a casual labourer and his death was a result of a pure accident that couldn’t be blamed on the company.
However, in his judgement, Justice Ssekaana found Stirling Civil Engineering Limited liable and declared that Agaba’s death was a result of negligence on the part of the company.
He noted that the site operations required supervision to avoid any accidents to the workers and other people on site.
