Wakilii

Salongo Kibudde v Mrs. Josephine Mubiru (Civil Appeal no. 35 Of 2003) (Civil Appeal no. 35 of 2003)

High Court · [2000] UGHC 27 · 2000 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First appeal from Chief Magistrate's Court judgment in contract suit
Decision
Appeal partly allowed — judgment of lower court affirmed except for reduction in special damages from Shs.1,509,000 to Shs.909,000

Observed later treatment

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Holding

Held that the trial Magistrate adequately scrutinised the evidence and correctly found the existence of a valid oral contract for special hire at Shs.20,000 per day. The defendant's defence that he did not use the vehicle lacked logic and was rightly rejected. On appeal the court interfered with the special damages award — reducing it from Shs.1,509,000 to Shs.909,000 — after counsel for the respondent conceded the correct entitlement was Shs.900,000 plus Shs.9,000 for radio announcements.

Outcome

Appeal partly allowed — judgment of lower court affirmed except for reduction in special damages from Shs.1,509,000 to Shs.909,000

Facts

The respondent purchased motor vehicle registration No. UBD 996 and lent it to the appellant for operation as special hire at Shs.20,000 per day. The appellant stayed with the vehicle for one and half months without making any payments. The respondent filed suit. The defendant did not deny taking the vehicle on hire terms. In his written submissions the defendant admitted the contractual relationship and the daily rate of Shs.20,000. Defendant claimed the vehicle was unlicensed and could not be driven but led no credible evidence of non-use. The Chief Magistrate found for the plaintiff and awarded Shs.1,509,000 as special damages. The appellant appealed.

Issues

  1. Whether the learned trial Magistrate subjected the evidence before her to adequate scrutiny.
  2. Whether the learned trial Magistrate erred in law when she made the impugned orders.

Orders

  • Appeal dismissed save on the question of special damages.
  • Special damages award varied from Shs.1,509,000 to Shs.909,000.
  • Respondent to be paid two-thirds of the costs of the appeal in view of the appellant's partial success on special damages.

Rules and key headnotes

Formation — Oral Contracts
No particular formality is required for the creation of a valid contract. A contract may be oral, written, partly oral and partly written, or even implied from conduct.
Burden of Proof — Shifting the Burden
The burden of proof lies on the party who asserts the affirmative of the issue in dispute. When that party adduces evidence sufficient to raise a presumption that what he asserts is true he is said to shift the burden of proof — his allegation is presumed true unless his opponent adduces evidence to rebut the presumption. The standard of proof in civil cases is balance of probabilities.
Appeals — First Appellate Court Duty
It is the duty of the first appellate court to review the record of evidence for itself to determine whether the conclusion reached upon the evidence by the trial court should stand. Where the conclusion of the trial court has been arrived at on conflicting testimony after seeing and hearing the witnesses, the appellate court must bear in mind that it has not enjoyed this opportunity and the view of the trial court as to where credibility lies is entitled to great weight.
Estoppel by Conduct
Where a defendant admits in written submissions the existence of a contract and its terms, he is bound by the doctrine of estoppel and cannot later assert that no contract existed.
Special Damages — Computation and Proof
Special damages must be strictly proved. Where the court awards special damages in excess of the amount properly computed, the appellate court will interfere and reduce the award to the correct figure. A concession by counsel for the respondent as to the correct quantum binds his client.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Salongo Kibudde v Mrs. Josephine Mubiru (Civil Appeal no. 35 Of 2003) (Civil Appeal no. 35 of 2003) [2000] UGHC 27 (18 February 2000)
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.