Damages

AKPM Lutaaya v Attorney General ((Civil Appeal No.2 Of 2005)) [2001] UGCA 15 (20 December 2001);

Flynote: 

Search Summary: 

The appellant filed a suit and claimed damages from the respondent
alleging that soldiers of the Uganda People’s Defense Force had invaded
his tree plantation covering 300 acres and destroyed it. The suit and the
subsequent appeal to this court were dismissed and a further appeal to the
supreme court overturned both dismissals and remitted the record to the
judge to asses and award damages. Dissatisfied with the judge’s award, the
appellant appealed those orders.

Headnote and Holding: 

The court observed that damages were awarded for timber, charcoal and
fruits and trespass by the soldiers. The court further observed that others
factors played s role in loss suffered by the appellant and also remarked
that the judge’s award was not based on the amended plaint hence being
null and void.
The court awarded special damages, general damages for inconvenience,
time and resources and interest of 17% per annum of interest.

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