Barclays Bank of Uganda Ltd Vs Gamuli Tukahirwa (CIVIL APPEAL NO. 08 OF 2016) [2018] UGCA 4 (18 January 2019);


Search Summary: 

This was an appeal from the Chief Magistrates
court in which the appellant sued the
respondent for the recovery of the principal
amount and the interest thereon plus the
damages for the loss of business. The

respondent asserted that the appellant caused
them a loss when they negligently honored any
paid out a cheque that was neither paid nor
signed by the respondent hence causing them a

Headnote and Holding: 

The court held that the duty of the second
appellate court is not to re appraise the entire
evidence on record as that would amount to
assuming the role of the first appellate court.
The court only deals with matters of law. That
in the absence of a cross appeal; the judge
erred in holding that the respondent wa
dissatisfied with the award on the general
damages. That the interest awarded was similar
to the interest charged by the appellant on the
loan and hence subsists. That the trial court
properly evaluated the evidence and rightly
held that the cheque sum had been issued

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