Wakilii

Kabali & Another v Attorney General (Civil Appeal No. 50 of 2007)

Court of Appeal · [2019] UGCA 2073 · 2019 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from High Court judgment concerning the quantum of damages awarded
Decision
Appeal allowed in part; trial court's award set aside and substituted with increased special damages for power saws and business expenses, general damages upheld, with interest and costs to the appellants

Observed later treatment

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Holding

The Court of Appeal held that special damages must be specifically pleaded and proved on a balance of probabilities, and that oral evidence may suffice where the nature of the loss is not ordinarily documented. The appellants failed to prove the market value of the converted timber, which rested on a mere possibility, so that claim was disallowed. However, the appellants sufficiently proved by oral evidence expenses of Shs. 6,761,680, which the Court awarded. The Court also awarded the value of the third power saw, which was in the first appellant's control, and held that special damages are assessed at the value at the time of the wrong, not current market value. The appeal was allowed with costs.

Outcome

Appeal allowed in part; trial court's award set aside and substituted with increased special damages for power saws and business expenses, general damages upheld, with interest and costs to the appellants

Facts

The first appellant, a timber businessman, went to the Democratic Republic of Congo with a licence and, using power saws, cut 620 pieces of Panel Mahogany timber intended for sale for profit. When the timber was ready for transport to Kampala around October 1999, Police at Arua impounded it following a complaint by a Greek national who claimed the timber was his. The appellants were arrested at the border and their power saws confiscated. Police attempted, unsuccessfully, to force the appellants to sign a document acknowledging a debt to the Greek national. After fruitless interventions, the appellants sued the Attorney General in the High Court for return or compensation for the timber and saws, and damages for trespass and conversion. The respondent filed no defence and the matter proceeded ex parte. The trial court awarded Shs. 2,010,000 for saws, Shs. 4,000,000 general damages, interest and costs, but declined the timber value and expenses claims. The appellants appealed against the quantum.

Issues

  1. Whether the appellants sufficiently proved their claim for special damages representing the market value of the converted timber.
  2. Whether the appellants proved entitlement to special damages for expenses incurred in the timber business.
  3. Whether the appellants were entitled to compensation for the third power saw belonging to a non-party.
  4. Whether special damages should be assessed at current market value or at the value at the time of the wrong.

Orders

  • Judgment of the learned trial Judge set aside and substituted.
  • Ug. Shs. 3,210,000 awarded as special damages for the three power saws unlawfully confiscated.
  • Ug. Shs. 6,761,680 awarded as special damages for expenses incurred in the business enterprise.
  • General damages of Ug. Shs. 4,000,000 awarded by the trial Judge upheld.
  • Interest on amounts in (a) and (b) at 10 percent per annum from date of filing the suit till payment in full.
  • Interest on the general damages at 10 percent per annum from date of judgment in the lower court till payment in full.
  • Costs in this Court and the Court below to the appellants.

Rules and key headnotes

Damages — Special Damages — Requirement to Plead and Prove on a Balance of Probabilities
Special damages must be specifically pleaded and strictly proved on a balance of probabilities, and this burden and standard remain the same even where the defendant files no defence and the matter proceeds ex parte.
Evidence — Proof of Special Damages — Sufficiency of Oral Evidence
Where the nature of the loss is of a kind not ordinarily documented by receipts, cogent oral evidence may suffice to prove special damages, as particularity of proof must be tailored to the circumstances and nature of the acts causing the damage.
Damages — Special Damages — Proof of Market Value Based on Mere Possibility
A claim for the market value of converted goods based only on an alleged agreement with a prospective buyer, unsupported by documentary evidence, proves no more than a mere possibility of loss and is insufficient to establish special damages on a balance of probabilities.
Damages — Special Damages — Date of Assessment
Special damages are assessed by reference to the value of the loss at the time the wrong was sustained, not the current market value at the date of trial.
Civil Procedure — Powers of Appellate Court — Award of Pleaded Relief Absent a Specific Ground
By virtue of section 11 of the Judicature Act and the constitutional duty to administer substantive justice, an appellate court may award relief that was pleaded and proved at trial notwithstanding the absence of a specific ground of appeal addressing it.

Legislation cited (4)

Cases cited (9)

  • A.K.P.M Lutaya v Attorney General (Civil Appeal No. 2 of 2005)
  • Kampala City Council v Nakaye (1972) EA 446
  • Uganda Telecom v Tanzanite Corporation (Civil Appeal No. 17 of 2004)
  • Twiga Chemical Industries v Viola Bamusedde (Civil Appeal No. 16 of 2004)
  • Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
  • Mutekanga v Equator Growers (U) Ltd [1995-1998] 2 EA 219
  • Miller v Minister of Pensions [1947] 2 All ER 372
  • Musoke v Departed Asian's Property Custodian Board (No. 1) [1990-1994] 1 EA 419
  • Ratcliffe v Evans [1892] 2 QB 524

Full judgment

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Kabali & Another v Attorney General (Civil Appeal No. 50 of 2007) [2019] UGCA 2073 (12 November 2019)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.