The High Court in Kampala has ruled that Woundy Centre Washing Bay and Car Park must compensate a client with UGX 4.1 million, plus annual interest of 8%, after a motorcycle left in its care was stolen by a security guard.
Justice Simon Peter Kinobe found the car park liable for the theft of a motorcycle belonging to Charles Wasswa Matovu, stating that the facility failed in its duty of care. The motorcycle, which had been parked overnight, was missing the next morning. The court concluded that the theft resulted from negligence in the selection and supervision of security personnel.
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“The company foresaw the risk of theft and engaged a security firm, yet failed to ensure that the individuals hired were fit for the role,” Justice Kinobe said. “They cannot claim to have exercised due diligence when the guard entrusted with security ended up stealing the motorcycle.”
Court documents show that Matovu had recently purchased a new Bajaj Boxer motorcycle for UGX 3.1 million from Verma Company Limited. After parking it at the Woundy Centre, he returned the next day to find it missing. The security guard on duty confessed to the theft and was convicted by the Magistrates Court at the Law Development Centre.
Matovu later filed a civil suit against the car park and the contracted security firm, seeking compensation. The Magistrate’s Court, led by Evelyn Najjuko, ruled in his favour, awarding UGX 3.1 million for the stolen motorcycle and an additional UGX 1 million in general damages.
The car park’s owner, Ibrahim Kalungi, appealed the decision, arguing that their services catered only to vehicles—not motorcycles—and that liability should fall on the security company, not them. However, the High Court dismissed these claims.
Justice Kinobe ruled that the acceptance of payment from Matovu constituted a binding contract, regardless of whether the business primarily catered to cars. He added that the car park bore full responsibility for the actions of individuals it employed or contracted.
“The relationship was between Matovu and the car park. Outsourcing security services does not absolve the business of liability,” the judge stated, confirming that the business was vicariously liable for the theft.
The court’s decision reinforces the responsibility of parking service providers to ensure the safety of all vehicles left in their custody, regardless of third-party involvement.
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