Justice Simon Peter Kinobe directed Woundy Centre, Washing Bay, and Car Park to compensate Charles Wasswa Matovu with 4.1 million shillings plus eight percent annual interest. The motorcycle owner had purchased a new Bajaj Boxer from Verma Company Limited for 3,101,000 shillings before parking it at the facility. A security guard working at the premises stole the vehicle and later received a conviction for theft at the magistrates' court. The car park appealed after the initial ruling favored Matovu and awarded him one million shillings in general damages. Court documents show the business attempted to avoid responsibility by claiming liability rested with the security company rather than their establishment.
The High Court rejected arguments that the facility served only automobiles and not motorcycles. Kinobe determined that accepting payment from Matovu created a binding contract for safekeeping services. The judge ruled the business remained responsible for losses caused by their contracted security personnel regardless of employment arrangements. The car park cannot escape accountability when the guards they hired to prevent theft become perpetrators themselves.
The High Court rejected arguments that the facility served only automobiles and not motorcycles. Kinobe determined that accepting payment from Matovu created a binding contract for safekeeping services. The judge ruled the business remained responsible for losses caused by their contracted security personnel regardless of employment arrangements. The car park cannot escape accountability when the guards they hired to prevent theft become perpetrators themselves.
