The family of the late Ismail Mayega, a judge’s driver who was killed last year by a police guard has dragged government to court for compensation.
Mayega who had reported for duty was on July 31, 2018 shot dead at the residence of High Court judge Musa Ssekaana by a policewoman guarding the same residence in Muyenga-Bukasa, a Kampala suburb.
In a suit before the civil division of the High Court in Kampala, the decease’s family including wife and children aver that that Mayega’s death was caused by negligence of the policewoman, Daizy Nagasha while in the course of her employment and as such, government is vicariously liable for the same.
“The conduct of the defendant’s (government) employee was highhanded, wanton and deprived the deceased’s right to life while at the same time deprived the plaintiffs (family) of their right to family and a father when he was unlawfully killed at 38 years yet the life expectancy in Uganda for males is at 62 years,” the family aver according to documents before court.
The family also argue that the acts of the policewoman, government employee caused them mental anguish, shock, suffering and loss of amenities for which they seek general damages.
Negligence
The family tell court that it was an act of negligence for a trained police officer to use a gun without regard to other people, leaving it corked under unjustifiable circumstances, failure to follow the gun’s rules, failure to treat is as loaded, keeping it loaded while not ready to use it and firing bullets under uncalled for circumstances.
“The late, then age 38 years was the family’s sole bread winner and as such, the defendant’s employee (policewoman) by her negligent acts denied us the right to dependency for which we seek compensation.”
The family through their lawyers of Nabukenya Mulalira and Co Advocates seeks court to declare that the actions of the policewoman were unlawful and because of negligence led to Mayega’s death.
They also seek court to order for payment of unpaid wages amounting to over shs700,000, special damages(funeral expenses)at shs11.5 million, payment for loss of expectation of life and earnings at shs70 million, compensation for loss of dependency at shs25million compensation for loss parentage at shs900,000 and punitive damages.
The family also wants court to order government pay them general damages for mental torture, pain, suffering and loss of amenities arising out of the death caused by negligence of its employee at shs100 million and an interest of 12%.
