Martin Sentamu, the father of Imran Kasujja Kyagulanyi, a top class pupil who died recently at Sir Apollo Kaggwa primary school Nakasero is seeking Shs 1 billion in compensation.
In his suit before the Civil Division of High court, Sentamu alleges that his five-year-old son was grossly neglected by the school leading to his death. Kyagulanyi was reportedly hit to death by a loose timber frame with thick granite layer on July 25, 2019.
The postmortem report signed by Dr Male Mutumba, a pathologist at Kampala Capital City Authority mortuary, says Kyagulanyi sustained injuries resulting from the blunt force, which killed him about an hour after the incident.
Now, through his lawyers, Amanyire and Mwebaze Advocates, Sentamu contends that the deceased was in good health and had no known medical complications before his death.
He contends that the conduct of the school amounts to gross negligence, which makes it liable to general and punitive damages for the inconvenience, mental anguish and stress the death of his son caused him.
Sentamu says that the school has a duty to care for his deceased son and other pupils, arguing that exposing them to the loose timber frame was a fundamental breach of duty to care.
"The plaintiff (Sentamu) avers and contends that the defendant is liable for loss of expectation of life for leading to the death of a child of tender years," read his submissions in part.
Sentamu wants court to declare that the death of Kyagulanyi resulted from the school's negligence. He is seeking Shs 950 million in general damages and Shs 50 million in punitive damages. He also wants court to award him the costs of the suit.
High court registry has since summoned Sir Apollo Kaggwa to file its defense before the case is allocated to a judge for a hearing. The school headteacher, Francis Banya declined to comment on the incident, saying that it is being handled by police.