General Damages

Kabandize & 21 Ors Vs Kampala Capital City Authority (CIVIL APPEAL NO.36 OF 2016) [2019] UGCA 48 (16 April 2019);


Search Summary: 

The appellants successfully sued the respondent for terminal benefits and were awarded special damages of 149,420,546/=, general damages of twenty five million shillings and 8% interest in respect of the special damages. They appealed against the awards contending that the interest and the general damages were so low.

Headnote and Holding: 

The court considered whether the general damages awarded to the appellants were inordinately low. The court held that the general rule regarding award of general damages was that the award was such a sum that would put the person who had been injured as adjudged by court in the same position as he/she would have been had he not sustained the wrong for which he/she was getting compensation. The court was satisfied that the respondent had denied the appellants their terminal benefits from 1998 to 2015 when the trial court delivered judgement and they would have invested or bettered their lives had they received money on time. a lot of difficulties as a result of the unemployment. The court accordingly enhanced the general damages to seven million per appellant.


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