Ongwech Albino has dragged Kinyara sugar factory in high masindi high court for failing to compensate him shs 6bn after his son Odoch Daniel aged 17 was carelessly killed inside their factory.
According to court summons issued Masindi High Court under civil suit No 25 of 2020 that demands Kinyara sugar factory to file their defense, Ongwuch Albino the father of the killed boy through his lawyers of Demott Law Advocates and Solicitors, are demanding compensation and damages totaling to a tune of shs 6BN.
“You are hereby Required to file a defense with in 15 days from the date of service of summons in a manner prescribed under the civil procedure Rules, as amended,” reads part of the summons issued to kinyara sugar factory.
The summons add that should you fail to file a defense on or before the date above mentioned, the Plaintiff may proceed with the suit and judgment may be given in your absence together with the cost of the suits.
Father of the killed son narrates ordeal
According to Ongwech Albino, Kinyara sugar limited is liable for the death of his son who lost his life while working at the company.
The late Odoch Daniel aged 17 was a student at Kinyara High School and at the material time employed during his holidays by Kinyara Sugar limited as a processed sugar bag stacker.
On the 17th May, 2017 at about 04.00 am in the morning hours Odoch Daniel was, in the course of his employment at the factory engaged in executing his duties when he was trapped by a sugar bag conveyor and sustained fatal injuries and died as a consequence.
Ongwech Albino through his lawyers allege that the said injury was occasioned to Odoch Daniel solely by reason of negligence or breach of statutory duty on the part of the Kinyara sugar limited or on the part of the it’s workmen, employees, agents or servants in providing Odoch with defective and/or inadequate equipment, and/or failure to maintain a safe working environment.
He adds that It was the duty of Kinyara sugar limited to seek license to employ a minor, to take all reasonable precautions for the safety of the minor while he was engaged upon his work as a processed sugar bag stacker, not to expose the minor and their employees to a risk of damage or injury of which they knew or ought to have known, to provide and maintain adequate and suitable plant, tackle and appliances to enable the minor and/or their employees to carry out work in safety, to take all reasonable measures to ensure that the place where the employees carried out the said work was safe, and to provide and maintain a safe and proper system of working.
Ongwech through his lawyers accuse the factory for failing to take any adequate precautions for the safety of Odoch Daniel while he was engaged upon the said work thus exposing him to a risk of damage or injury of which they knew or ought to have known.
Daniel’s father also blamed Kinyara sugar limited for failure to provide or maintain adequate or suitable plant, tackle and appliances to enable Odoch Daniel to carry out the said work safely, and the failure to provide or maintain a safe and proper system of working, or to instruct their workmen including Odoch Daniel to follow that system.
He also said that Kinyara sugar limited breached duties of refusal to display hazardous work not suitable to minors at the premises and the neglect/ refusal to seek approval from the commissioner to employ a child.
He also accused Kinyara sugar factory for letting a minor work under hazardous conditions without seeking express permission from the commissioner, work in hazardous conditions unsupervised and without adequate certified training, work without protective gear and clothing, work at prohibited hours of the night that is 7:00am-7:00pm and making a child who hasn’t completed education to work for more than 7 hours.
Ongwech through his lawyers also blamed Kinyara for the neglect to carry out medical examination before employing a child, and refusal to obtain a written consent/permission from the parent or guardian of the minor before letting him work in the factory with hazardous conditions.
Ongwech lawyers therefore state that “Kinyara is liable for the negligent acts, conducts and omissions of their servants, agents and or employee and should thereby be held liable for the resultant special, general damages, costs of the suit and interest on special and general damages.”
The deceased was at the time of his death aged 17 years in senior 3 at Kinyara Secondary school with a vast and bright future ahead of him and due to the Defendant’s negligence, he was deprived of his life.
Odoch is survived by two parents, three (3) siblings and by virtue of the death, his father, mother and children have been met with loss of dependency, love and care for which they hold the Defendant liable in damages for loss of dependency.
The father of the deceased blame Kinyara Sugar limited for the negligent, unlawful, illegal and wanton acts which led to the death of his son thereby depriving him of a fruitful life of possibilities which lay ahead of him and also depriving his family of dependency. He therefore claims compensation of UGX 3,000,000,000/= (Three Billion Shillings).
The Plaintiff shall also aver and contend that the gross industrial negligence of the Defendant that resultant led to the death of the deceased occasioned, psychological and emotional trauma, sorrow, deprivation, anguish, inconvenience and distress to the Plaintiff and his family in respect of which the Plaintiff seeks General in the excess of UGX 3,000,000,000/= (Three Billion Shillings).
When contacted for a comment Kinyara sugar limited management said “It is regrettable that this incident happened; our thoughts and prayers remain with the family of the deceased” he said adding that “As per the normal legal practice, the lawyers of the plaintiff were supposed to serve Kinyara Sugar Limited with the summons.” they said.
It adds that “However to our surprise; we received a call from Court to pick up the summons; which was done last week on Monday 22nd June 2020. It is unfortunate. Nonetheless, we shall file our defence accordingly.”