Delict and Tort Law

Security 2000 Ltd Vs Cumberland (CIVIL APPEAL NO.0916 OF 2014) [2018] UGCA 79 (18 October 2018);


Search Summary: 

This appeal arises from the decision against the
appellant. The background is that the appellant
and the respondent entered an agreement in
which the appellant was to provide guard
services to the respondent. The agents of the
appellant let in some people in the premises of
the respondent and caused damage. The
respondent sued in negligence and was
awarded special and general damages which
the appellant is dissatisfied with.

Headnote and Holding: 

The court held that as an appeal court, it is
required to appraise the evidence and reach an
independent conclusion. That the guards owed

the duty of care to the respondent and the same
was breached hence negligence. That the
guards having failed in their duty and the
respondent having direct control of the guards
makes them vicariously liable since they failed
in their ordinary course of employment. That
the judge didn’t award any special damages but
a contractual sum. That the rule is that special
damages must be specifically and proved. That
the general principle underlying the award of
general damages is that the claimant is entitled
to full compensation for his losses. That
general damages compensate the claimant for
the non-monetary aspects of the specific harm


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