The High Court in Mbarara has ordered a fuel station to pay a client shs104 million after his car was filled with petrol instead of diesel by a pump attendant.
Dr. Vincent Owarwo dragged Total Rwizi service Station in Mbarara to court after his Range Rover registration number UBD 476F was filled with petrol instead of diesel by one Patience Ayo, a pump attendant in 2019.
Through Ivory Advocates, Owarwo said the incident of negligence led to damage to his vehicle’s fuel tank drainage system rendering it unusable that he also had to hire a mechanic to try and drain out the petrol.
He told court that after the vehicle was drained, it functioned for a few days but later totally broke down and an assessment revealed the engine was “unsalvageable rendering it completely inoperable.”
In a judgement delivered on Friday, Justice Allan Paul Nshimye said that whereas the fuel station had defended themselves that putting filling the car with petrol instead of diesel was not the cause of its malfunctioning, evidence says otherwise.
“I therefore find that on the balance of probability the evidence on the court record
is sufficient to connect the vehicle’s stalling and stopping as stated by PW2 & PW3
to the putting of wrong fuel (petrol) in it by the pump attendant at Total Rwizi. The
malfunctioning of the car is thus linked to putting wrong fuel (petrol) in the car,
which is evidence of the causation of the damage,” Justice Nshimye said.
The judge therefore directed TotalEnergies Marketing Uganda Limited to pay shs1.4million in special damages , general damages and costs of the suit to Dr.Owarwo.
