St Peter’s Naalya

St Peter’s Naalya ordered to return vehicle gifted to ex-head teacher

by · The Observer

The High court has directed St. Peter’s Naalya (SPENA) to return a gift vehicle to its former deputy head teacher, Denis Odetta, after it was repossessed following his resignation.

In his ruling, Justice Musa Ssekaana stated that the school had no right to reclaim the vehicle, which had been gifted to Odetta, as a form of punishment for his decision to resign. The school argued that the vehicle had been given to Odetta in his capacity as deputy head teacher, implying that it should be returned upon his departure. However, the judge rejected this claim.

“The demand for the vehicle was in retaliation for his sudden resignation upon their refusal to grant the plaintiff leave. It may appear that the defendant's giving of the gift was not necessarily just an altruistic act. Maybe it was given in the hope that the plaintiff would reciprocate in a particular way by remaining in the employment of the defendant for life. Upon the plaintiff’s refusal to continue in employment resulted in the demand to repossess the gift,” Ssekaana’s ruling reads in part. 

The judge further stated, “Upon determination of the preceding issue, the plaintiff is entitled to the return of his gift motor vehicle registration no. UAT 207C (Toyota Premio) and in the alternative, compensation for the value of the motor vehicle at the time it was taken away from him in 2017. The registrar of this court shall determine the value of the said motor vehicle as of the time in November 2017.” 

Court records show that Odetta served as deputy head teacher at SPENA in Wakiso District until 2017 when he resigned after being denied leave following an accident. Odetta explained that he had fallen into a septic tank while pursuing a student who had stayed in the dormitory during school hours.

In addition to requesting the return of the vehicle, Odetta sought compensation for the injuries he sustained in the incident. However, Ssekaana dismissed this claim, citing that Odetta had acted recklessly.

“The plaintiff was not likely to fall in a septic tank if he had avoided a dangerous approach of chasing the student...The plaintiff, before being promoted to deputy head teacher, had been the director of studies and a classroom teacher for 10 years at the same school prior to the unfortunate incident. The plaintiff was well-acquainted with the school environment and the standard of care expected of the defendant.”

The judge added, “Given the plaintiff’s experience, job scope, and position as deputy head teacher, the defendant cannot be held liable for negligence or breach of the standard of care. The plaintiff’s misfortune serves as a warning to other overzealous teachers to avoid putting themselves at risk while enforcing discipline among students. Septic tank covers do not typically pose a danger unless stepped on while running or chasing.”

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