KAMPALA – Sir Apollo Kaggwa Primary School-Nakasero is in trouble after one of its parents dragging it to the High Court seeking to be given UGX 1billion for the death of his 5-year-old son.
According to the court documents filed in the Civil Division, Martin Sentamu states that on July 25, 2019, while in a classroom on the school premises, the deceased Imran Sentamu Kyagulanyi who was in Top Class Purple was hit by a loose frame of timber that had a thick layer of granite affixed on it.
Sentamu states that his son had been in good health and had no medical complications, however as a result of being hit by the heavy frame of timber, he obtained blunt force trauma injuries that led to his death about an hour after the incident.
He states that the school owed a high duty of care to the deceased and other pupils and exposing him to the loose frame of timber that eventually occasioned the loss of his life at their premises was a fundamental breach of the duty of care.
Mr Sentamu says that the death of his son caused him and his family excessive emotional distress, mental anguish and his younger sibling who was also a pupil at the school got so traumatized that he has since refused to return to the same school.
Mr Sentamu through his lawyers of Amanyire & Mwebaze Advocates is now seeking for recovery of general damages amounting to UGX 950m, punitive damages of 50m, interest and costs of the lawsuit arising out of the school’s negligent acts that occasioned the death of his son.
He says that the school failed to take any or adequate precautions for the safety of the deceased and other pupils on the school premises from the loose frame of timber, failure to supervise pupils while on school premises for which he holds them liable for negligence.
Mr Sentamu also faults the school for allegedly keeping loose frames of timber in a classroom on the school premises well knowing that they pose a danger to the lives of pupils and exposing the deceased and other pupils to the risk of injury that was reasonably foreseeable.
According to the police post-mortem report the deceased’s body had needle puncture marks on both the right and left side of the neck.