Douglas Nure v Solomon Ogwang Ayo (Civil App.No.1 Of 2005) (Civil App.No.1 of 2005)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
On appeal from a Magistrate Grade I award of special damages, the High Court held that where a trial magistrate reduces pleaded special damages amounts based on evidence adduced, there is no inconsistency warranting appellate interference. The trial court is entitled to award lesser amounts than pleaded depending on the evidence before it. The appeal was dismissed with costs.
Outcome
Appeal dismissed with costs
Facts
The appellant appealed against the judgment of Magistrate Grade I, Lira, dated 21st December 2004, arising from Civil Suit No. 0104-2002. The appellant abandoned all grounds of appeal except the first ground. The appellant complained that the trial magistrate erred in awarding special damages in amounts allegedly inconsistent with those pleaded in paragraph 6 of the plaint. The trial magistrate had in several instances reduced the amounts pleaded to lesser amounts based on the evidence adduced before her.
Issues
- Whether the learned Magistrate Grade I erred in failing to properly evaluate the evidence, facts, and law in awarding special damages.
Orders
- Appeal dismissed.
- Costs awarded to the respondent here and in the court below.
Rules and key headnotes
Full judgment
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