KAMPALA, Negligence | On October 22, we were once again struck by tragedy when a fuel tanker overturned on the Gulu-Nimule highway. A brake failure caused the tanker to tip over, spilling thousands of liters of fuel onto the road. As news spread, locals rushed to the scene, hoping to siphon fuel—a dangerous act that has become a common response to tanker accidents in Uganda. Moments later, the tanker exploded, killing dozens and leaving many others injured.

Sadly, this isn’t the first time Uganda has faced such an incident. Just a few years ago, in 2021, another tanker accident at Goli Custom Post caused similar destruction, setting the stage for a grueling court battle that shed light on what happens when negligence turns disastrous. The case of Kambale Syalandire Moise and Tiba Oil Company Ltd  has become a reference point for those seeking to understand how to hold oil companies accountable when their actions, or lack of them, lead to tragedy.

The 2021 Goli Custom Post incident began as an ordinary day for two fuel truck drivers waiting to cross the border into the Democratic Republic of Congo. But in the blink of an eye, everything changed. A truck owned Tiba Oil Company Ltd, had been parked behind the Kambale’s vehicle, both carrying tens of thousands of liters of fuel. Suddenly, the rear tires of the Tiba Oil’s truck caught fire due to friction, and the fire quickly spread to the Kambale’s vehicle.

As the flames grew, the Kambale’s driver struggled to start his older-model truck, which required air pressure to get moving. Before he could escape, the fire consumed his entire vehicle, along with the precious fuel cargo he was carrying. Worse still, the driver of the Tiba Oil’s truck, instead of helping, detached the head of his vehicle and fled across the border to Congo, leaving the burning trailer behind. His actions, or lack thereof, made the situation far worse and sparked a legal battle that has defined the nature of accountability in such cases.

The case brought forward a crucial question: was this disaster preventable? The answer, according to the court, was a resounding yes. Negligence is more than just a mistake; it’s a failure to take reasonable care to prevent harm. In this case, the court found that Tiba Oil’s driver and the company itself had failed on multiple fronts.

The fire that started on the rear tires could have been prevented had proper maintenance been done. Worse, the driver had no fire extinguisher—something every vehicle carrying hazardous materials should have. Eyewitnesses testified that the driver didn’t alert anyone, and instead of trying to contain the fire, he simply fled, abandoning the situation. This was a clear failure to act with the level of care expected, and the court determined that both the driver and the company were at fault.

While the driver’s actions were directly to blame, the court also ruled that Tiba Oil Co. Ltd. was vicariously liable. This legal principle means that a company can be held responsible for the actions of its employees if those actions happen while they’re on the job.

The court’s decision awarded Kambale UGX 464,920,000 in special damages to cover the loss of his truck, fuel, and business income. Additionally, UGX 50,000,000 in general damages was awarded to compensate for the emotional toll the accident took on Kambale. For Kambale, this accident didn’t just mean losing a vehicle—it meant losing his livelihood. He could no longer transport fuel, a business he had relied on for years.

While the Goli case resulted in financial compensation, the recent Gulu-Nimule highway disaster involved something far more devastating: the loss of human lives. Unlike the Goli case which stressed corporate negligence, the Gulu-Nimule highway accident brings to light another tragic element—fuel siphoning. It is common for people to rush to the scene of fuel tanker accidents, hoping to collect fuel for sell or use. This illegal and highly dangerous practice has led to many fatalities. Communities need to understand that adhering to the law not only protects individuals from legal consequences but also helps prevent potential disasters like the Gulu-Nimule incident.

Both the 2021 Goli case and the 2024 Gulu-Nimule disaster serve as wake-up calls. Transporting hazardous materials like fuel comes with enormous responsibility, and companies that take on this risk must ensure they do everything possible to prevent disasters. Basic safety measures—like regularly maintaining vehicles, equipping drivers with fire extinguishers, and training them to handle emergencies—are not just good practice; they’re essential. In the Goli case, the absence of these precautions directly led to the disaster. Had the driver been better prepared, had the truck been properly equipped, the fire might have been contained before it spiraled out of control.

The High Court of Uganda’s ruling in Kambale Syalandire Moise and Tiba Oil Co. Ltd sets a strong precedent: when companies fail to uphold their duty of care, they will be held accountable. Negligence in high-risk industries like fuel transportation can no longer be shrugged off as an unfortunate event. The law demands accountability—and it’s a step toward ensuring that similar tragedies are prevented in the future.

For those impacted by the Gulu-Nimule disaster, no court ruling will bring back their loved ones. But moving forward, stricter safety measures and more responsibility can help prevent these kinds of tragedies. The road to safety involves everyone; every company, every driver, and every person must take the necessary precautions.