The High Court in Mbarara has ordered TotalEnergies Marketing Uganda Limited (formerly Total Uganda Limited) to compensate Dr. Vincent Owarwo with Sh104 million. This ruling stems from an incident where the company mistakenly filled his diesel vehicle with petrol, leading to severe mechanical issues.
The issue occurred on November 23, 2019, at the Total Rwizi Service Station on the Mbarara-Kabale Highway. Dr. Owarwo’s Range Rover, registered as UBD 476F, was intended to be filled with 30 litres of diesel. Instead, the pump attendant erroneously put petrol into the vehicle.
| Vehicle Details | Incident Details |
|---|---|
| Model: Range Rover Vogue 2004 | Date: November 23, 2019 |
| Registration: UBD 476F | Service Station: Total Rwizi |
| Intended Fuel: Diesel | Incorrect Fuel: Petrol |
The mistake led to the vehicle developing significant mechanical problems. After the error was discovered, the station’s manager arranged for a professional mechanic to remove the petrol from the tank. Despite this, the car continued to malfunction and eventually became unusable.
Justice Paul Allan Nshimye delivered the ruling on July 19, 2024. He found TotalEnergies liable for the damage caused to Dr. Owarwo’s vehicle. The court ordered the company to pay Sh104 million in damages. This amount includes:
| Damage Component | Amount (Sh) |
|---|---|
| Fuel System Replacement | 20 million |
| Inconvenience Compensation | 30 million |
An interest rate of 10% per annum will be applied from the date the suit was filed until full payment is made. TotalEnergies is also responsible for the court costs.
Justice Nshimye concluded that the vehicle’s malfunction was directly related to the incorrect fuel. Evidence showed that the wrong fuel led to the damage of the car’s fuel system, which was confirmed through a road test after the petrol was drained.
Dr. Owarwo’s legal team, led by lawyer Pidson Abasa, argued that the pump attendant acted negligently, causing financial loss. The defense, represented by TotalEnergies’ lawyer Paul Ekochu, contended that the employees at Total Rwizi Service Station were not under TotalEnergies’ direct control. They claimed the station was operated by a licensed dealer.
Witness testimony from John Leonard Sempala, a motor vehicle expert, indicated that the fuel drainage system was ineffective, leaving contaminated fuel that damaged the vehicle’s fuel pump and system.
