Hon. Justice Anup Singh Choudry v Gilbert Kasozi and Others (Miscellaneous Cause No. 135 of 2024)
Observed later treatment
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Holding
The court exercised its power under Civil Procedure Act s.99 to correct orders in an earlier ruling, clarifying that damages of UGX 200,000,000 for suffering and UGX 100,000,000 in exemplary damages, plus interest at 6% per annum, were to be paid by Wakiso District Land Board as the principal vicariously liable for the first respondent's actions, not by the first respondent individually.
Outcome
Orders corrected to impose pecuniary liability on Wakiso District Land Board as vicariously liable principal
Facts
This is a corrigendum correcting orders made in an earlier ruling in Miscellaneous Cause No. 135 of 2024. The applicant, Hon. Justice Anup Singh Choudry, had brought proceedings against four respondents. The court had made orders awarding damages but needed to clarify that the damages were to be paid by Wakiso District Land Board (WDLB), which was not originally named as a party. The first respondent had acted on behalf of WDLB. The court exercised its discretion under Order 1 rule 10(1) of the Civil Procedure Rules to import WDLB as the principal vicariously liable for the first respondent's actions. The applicant had endured suffering, anguish, and mental torture from February 2017.
Issues
- Whether the court may correct clerical or arithmetical mistakes in orders under the slip rule.
- Whether Wakiso District Land Board may be held vicariously liable for damages where not originally named as a party.
Orders
- Wakiso District Land Board to pay damages of UGX 200,000,000 for suffering, anguish, and mental torture endured by the applicant from February 2017.
- Wakiso District Land Board to pay punitive/exemplary damages of UGX 100,000,000 to the applicant.
- Interest at 6% per annum to apply to the damages awards from date of ruling until full payment.
- Costs of the application awarded to the applicant and to be paid by Wakiso District Land Board.
Rules and key headnotes
Legislation cited (2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.