The High Court has ordered Sir Apollo Kaggwa Primary School to pay Shs5 million in damages to a former pupil who was illegally caned by teachers, despite ruling that there was no medical proof linking the punishment to his long-term injuries.
The case, which dates back to 2011, was filed by Naswif Katongole, who accused two teachers Lumu Grace and Owino Joseph of brutally assaulting him while he was a pupil at the school.
Katongole told court that he was severely beaten on the waist and back after failing a mathematics test, leaving him with serious injuries, psychological distress and mobility complications.
“I was caned by Mr Lumu for failing only three numbers in a math exam. I continued feeling paralysed for days,” he testified.
He further recounted that days later, another teacher, Owino, caned the entire class for making noise and ignored his pleas that he was unwell.
“Before I could even sit down, he beat me and I lost feeling in my left leg,” Katongole told court.
His mother, Babirye Lilah, said the injuries forced her to abandon her job in Delhi to care for her son.
She revealed that the school later entered into a memorandum of understanding, agreeing to pay £20,000 (about Shs 95 million) for medical treatment abroad and $3,600 (about Shs 13 million) for air tickets.
However, Babirye argued that the treatment costs exceeded the amount provided and accused the school of refusing to offer further compensation upon their return from South Africa.
The plaintiffs also faulted the school for failing to control its staff and enforce a ban on corporal punishment, which had already been outlawed by the Ministry of Education.
In its defence, the school denied liability, insisting that Katongole did not sustain injuries from the alleged punishment and claimed the settlement was made under pressure to avoid negative publicity.
It further argued that the teachers acted independently and had since been dismissed.
However, Justice Peter Kinobe ruled that while the medical evidence did not prove a direct link between the beating and the reported spinal injuries, the assault itself was clearly established.
“A police medical report confirms that Katongole suffered assault. The conduct by the teachers amounted to corporal punishment, which is illegal under Ugandan law,” the judge held.
Court found that the plaintiffs had failed to prove, on a balance of probabilities, that the caning caused the long-term medical condition.
Nevertheless, Justice Kinobe awarded Shs5 million in general damages, citing the physical and emotional suffering resulting from the unlawful punishment, and ordered the school to pay costs of the suit.
The ruling highlights the continued legal risks for schools that defy the ban on corporal punishment, even where claims of serious injury are not fully substantiated.
