Evidence presented before court showed that the school later entered into a memorandum of understanding with the family, agreeing to contribute sh98m towards Katongole’s treatment abroad and an additional sh13m for travel expenses.
The High Court has ordered Sir Apollo Kaggwa Primary School to compensate its former pupil, Naswif Katongole, with sh5m after finding that he was unlawfully caned by two teachers while studying at the school in 2011.
In a judgment delivered by Justice Simon Peter Kinobe, the court held the school vicariously liable for the actions of its teachers, saying the punishment violated the law and caused Katongole emotional suffering, although the court found no evidence that the caning directly caused the long-term spinal condition he later developed.
The ruling concludes a legal dispute that lasted about 15 years. The case was initially filed by Katongole’s mother, Lilah Babirye, on behalf of her son while he was still a minor. After attaining adulthood, Katongole took over the case in his own name, with his mother remaining a co-plaintiff.
Court records show that the incident occurred in September 2011 when Katongole was a pupil at the Kampala-based school. The family alleged that teachers Grace Lumu and Joseph Owino separately subjected him to severe corporal punishment during class sessions.
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According to the lawsuit, the caning left Katongole with physical pain, emotional trauma and walking difficulties. His family argued that the school should bear responsibility because the teachers were acting within the scope of their employment.
Babirye testified that her son’s condition deteriorated after the incident, forcing her to return from New Delhi, where she had been working, to care for him. She further told court that after unsuccessful treatment in Uganda, the family sought specialised medical care in South Africa.
Evidence presented before court showed that the school later entered into a memorandum of understanding with the family, agreeing to contribute sh98m towards Katongole’s treatment abroad and an additional sh13m for travel expenses. However, Babirye maintained that the contribution fell far short of the actual medical costs, adding that she suffered significant financial losses and sold property to continue funding treatment.
The school denied liability throughout the proceedings, arguing that there was no medical evidence connecting Katongole’s health problems to the caning. It maintained that its financial contribution was made to avoid negative publicity rather than as an admission of responsibility.
The school also argued that corporal punishment was prohibited under its policies, stating that the two teachers had been dismissed after the incident. It further contended that the teachers acted independently and not under the school’s authority.
In addition, the school relied on a 2012 settlement agreement, arguing that the family had waived its right to pursue any future legal action after signing the document.
Justice Kinobe dismissed that argument, ruling that the agreement was unenforceable because it imposed new obligations on the family without providing any fresh benefit in return. The judge held that the document could not prevent the family from pursuing the lawsuit.
During the hearing, Katongole recounted that his mathematics teacher caned him after he answered only a few examination questions incorrectly. He said he immediately experienced numbness in his right leg. He further testified that days later, another teacher punished the entire class for making noise, despite his attempts to explain that he was already unwell.
Katongole told the court he subsequently lost feeling in his left leg and has since struggled with mobility, prolonged sitting and emotional trauma.
His mother supported his account by presenting medical reports, while another witness, Racheal Nagujja, testified that she collected the child from the school sickbay after being informed that he had been caned and was unable to stand.
To challenge the family’s claims, the school presented evidence from physician Dr. Edirisa Mutebi, who testified that Katongole’s spinal condition was more consistent with a viral infection than injuries caused by physical assault. He noted that medical scans showed no bone damage typically associated with trauma.
Justice Kinobe agreed that the medical evidence did not establish a direct connection between the caning and Katongole’s spinal condition. As a result, the court declined to award compensation for medical expenses, loss of income or other special damages claimed by the family.
However, the judge ruled that the corporal punishment itself was unlawful, noting that such punishment had already been declared unconstitutional. He held that the teachers were acting in the course of their employment, making the school legally responsible for their actions.
The court awarded Katongole sh5m in general damages for the emotional distress resulting from the illegal caning but declined to award punitive damages, observing that the school had dismissed the teachers involved and maintained a policy prohibiting corporal punishment.