Court found that the trial magistrate was correct when she arrived at the finding and ruled that the appellant had failed to prove that the respondent was not entitled to the amount claimed because appellant failed to prove that she contributed to the loss. Ground 1 of the appeal therefore failed.
Court was also of the view that a rate of interest of 15% per annum on the amount claimed from the date of filing suit to the date of delivery of this judgment, and 10% from the date of judgment till payment in full was appropriate to compensate the respondent for her loss of use of her terminal benefits.
In the end result this appeal failed. The judgment and orders of the trial court were upheld. The appellant was to pay the respondent the sum of shs 1,379,231/= with interest thereon at the rate of 15% per annum from the date of filing suit till delivery of this judgment, and 10% per annum from the date of judgment till payment in full. The appellant to pay the respondent’s costs for this appeal as well as in the court below.