UGANDA, Kampala | Real Muloodi News | Vicent Kabeba has filed a lawsuit against the Kampala Capital City Authority (KCCA) and China Communications Construction Company Limited, demanding USh454 million in damages after a truck allegedly belonging to the Chinese firm destroyed his house in Wakiso District. The case has been lodged in the Civil Division of the High Court in Kampala.
Incident Details
According to court documents, the incident occurred on February 28, 2024. Kabeba claims that a truck with the registration number UAV 870Z, allegedly owned by China Communications Construction Company, collided with his residential property on Busiro Block 306, Plot 6772, in Bira, Wakiso District.
The impact reportedly caused extensive damage to the house, rendering it uninhabitable. Kabeba’s lawsuit details that some parts of the house were destroyed, while others sustained severe cracks.
Claims for Damages
Kabeba is seeking shillings 454 million in compensation to cover the costs of rebuilding and restoring the demolished structure.
The plaintiff asserts that his house had been constructed according to an approved plan and that the total cost of the building exceeded shillings 900 million.
The lawsuit states that the accident has caused significant disruption to Kabeba and his family, forcing them to relocate to rented accommodation at a monthly cost of shillings 5 million.
The China Communications Construction Company allegedly provided a one-time payment of shillings 5 million to assist with the relocation, but Kabeba claims this amount was insufficient to cover the ongoing rental expenses.
Legal Proceedings
On Thursday, August 15, 2024, court registrar Esther Nakadama issued summonses to KCCA and China Communications Construction Company, instructing them to file their defence in response to Kabeba’s allegations.
Nakadama emphasized that the defendants must submit their defence within 15 days from the date of service of the summons.
Failure to do so may result in the court proceeding with the case and potentially issuing a judgment in their absence.
Court records indicate that China Communications Construction Company had been contracted by KCCA to establish a site station in the residential area of Bira, Wakiso District, as part of the construction of Sentema Road.
Following the accident, a joint inspection was conducted by KCCA officials and representatives from the Chinese company. The inspection reportedly concluded that the house was uninhabitable due to the significant structural damage caused by the collision.
Subsequently, agents from China Communications Construction Company advised Kabeba to engage the services of a structural engineer and a quantitative surveyor to assess the extent of the damage and produce a comprehensive report for the house’s reconstruction.
According to the court documents, expert assessors estimated the bill of quantities for the reconstruction at shillings 374.6 million, along with additional expenses.
Dispute Over Compensation
Kabeba’s lawsuit asserts that China Communications Construction Company offered him shillings 107 million as compensation for the damage.
However, this amount was deemed insufficient by the quantitative surveyor, who had assessed the damages to be much higher.
As a result, Kabeba rejected the offer. The court documents also mention that Kabeba is concerned about the potential for further damage to the house due to exposure to rain and other unfavourable weather conditions, which could necessitate the complete demolition of the structure if compensation is delayed.
The plaintiff alleges that China Communications Construction Company was negligent in two ways. First, the company allegedly established a truck station in a residential area on a hilly landscape in Bira.
Second, the plaintiff claims that the company allowed a truck in poor mechanical condition to operate on the road, which ultimately led to the accident.
Kabeba holds that KCCA is also responsible for negligence, alleging that the authority failed to advise the Chinese firm on the risks associated with setting up a truck station in a residential area such as Bira.
Defendants’ Response
As of the date of the lawsuit, neither KCCA nor China Communications Construction Company has publicly responded to the allegations.
The outcome of the legal proceedings will depend on the defence filed by the two entities and the subsequent rulings by the court.
The court has directed KCCA and China Communications Construction Company to file their defence within the specified time frame. If the defendants fail to respond, the case may proceed, and a judgment could be issued in their absence.
As the case progresses, the court’s decisions may set important precedents for similar cases involving construction-related accidents and disputes over compensation and negligence in Uganda.
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