By Nanteza Ruth Walusimbi
JINJA
The High court in Jinja led by Lady Justice Joanita Bushara on Tuesday 24th February 2026 faulted The Aids Support Organization (TASO) of negligence and contravention of section L7 of the HIV and AIDS Prevention and Control Act, for issuing wrong results to a one Wataka John indicating that he was HIV positive in 2016 and awarded him Shs190 million in damages.
Court found that TASO, a center of excellence in HIV care, negligently diagnosed Wataka as HIV positive in July 2016 under number JIN:1604268 and placed him on antiretroviral therapy for approximately seven years, and only in 2023 acknowledged that he was HIV negative.
Hell loose in 2022, when he sought to access NSSF benefits under a scheme for HIV positive persons and the Fund conducted independent tests, including PCR, which returned HIV- negative results.
Wataka, through his lawyers led by Ms Pheobe Tumwebaze of Kian Associated Advocates in Kampala, sued TASO for misdiagnosis, saying that he lost his marriage, employment, and social standing and suffered grave psychological harm.
In her ruling, Justice Bushara observed that the plaintiff had endured seven years of unnecessary medication, loss of marriage, loss of employment, social isolation and psychological trauma.
The court also considered the plaintiff’s claim for punitive damages. Referring to the principles set out in Rookes v Barnard [1964] AC 1129, Justice Bushara held that exemplary damages are warranted where a defendant’s conduct demonstrates a contumelious disregard of a person’s rights.
She found that TASO’s conduct following disclosure of the negative test results was dismissive and lacked remorse, justifying further compensation.
The court accordingly awarded Shs50 million as aggravated damages.
