Civil Remedies

ECTA (U) Ltd v Geraldine S. Namurimu & Anor ((Civil Appeal No. 29 of 1994) ) [1995] UGSC 1 (25 July 1995);

Flynote: 

Search Summary: 

In this appeal, the appellant sought to challenge the quantum of general damages and interest awarded to the respondents by the High Court Judge.

 

Counsel for the appellant submitted that the learned judge erred in not taking into account the fact that the incapacity of the first respondent was not assessed at all, and that the award was too high given the circumstances of the case.

Further, that the rate of the interest awarded on the decretal sum was erroneous.

Headnote and Holding: 

The court found that, the respondents sustained multiple injuries. That the second respondent sustained injuries that were likely to be permanent though less severe than those suffered by the first respondent. There was no doubt that the injuries had adversely affected and would affect the respondents’ prospects for future employment.

The court however, found that, the amount that were awarded were too high in the circumstances. Accordingly, the award were reduced.

 

The court further, found that the interest which was compensatory in nature, was too high at the rate of 25% and was therefore reduced to 8%.

 

Therefore, the appeal was allowed with costs to the appellant.

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