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Security Group (U) Ltd v Marie Stopes Uganda Ltd (Civil Appeal No. 156 of 2013)

Court of Appeal · [2020] UGCA 72 · 2020 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First appeal from High Court (Civil Division) judgment on breach of a guarding/security services contract
Decision
Appeal dismissed with costs; trial court's award of special damages upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal dismissed the appeal. It held that conferencing/scheduling before appeals, though a beneficial case-management practice, has no legal backing and is not an 'essential step' under Rule 82 of the Court of Appeal Rules; non-compliance therefore did not justify striking out the appeal, and the respondent's preliminary objection was rejected. On the merits, the court held that special damages, while requiring strict pleading and proof, need not be supported by documentary evidence in every case. The trial judge properly relied on the claim form and insurance loss-assessment report proving the value of stolen property at Ugx 52,353,211, and the appellant failed to rebut this evidence.

Outcome

Appeal dismissed with costs; trial court's award of special damages upheld

Facts

The respondent contracted the appellant to provide 24-hour guarding/security services at its office premises. While the premises were being guarded by the appellant's employee, they were broken into and the respondent's computers and other electronic equipment worth Ugx 52,353,211 were stolen or lost. The respondent sued the appellant for recovery of that sum as special damages arising from breach of the guarding contract, plus general damages and costs. The trial judge found the appellant vicariously liable for its employee's failure to protect the property and held the lost property was worth Ugx 52,353,211. As the respondent had been partly compensated by her insurer AIG Uganda Limited in the sum of Ugx 4,628,799, the trial judge ordered payment of Ugx 47,724,412 (the loss less the insurance recovery), with interest at 12% per annum from 8 April 2008 (when the cause of action arose) until full payment, and costs. The appellant appealed.

Issues

  1. Whether the practice of holding a scheduling conference prior to hearing an appeal constitutes an 'essential step in the proceedings' under Rule 82 of the Court of Appeal Rules, non-compliance with which justifies striking out the appeal.
  2. Whether the trial judge erred in awarding special damages of Ugx 52,353,211 for lost/stolen property without receipts or delivery notes.
  3. Whether the award of interest at 12% per annum had a legal or factual basis.

Orders

  • The respondent's preliminary objection to strike out the appeal is dismissed.
  • Appeal dismissed.
  • Costs of the appeal to the respondent.

Rules and key headnotes

Appeals — Essential Steps — Scheduling Conference and Rule 82 Court of Appeal Rules
The practice of conferencing/scheduling before the hearing of an appeal in the Court of Appeal has no legal instrument backing it and is not an 'essential step in the proceedings' under Rule 82 of the Court of Appeal Rules; non-compliance with the Registrar's conferencing directions does not entitle a party to have the appeal struck out.
Special Damages — Strict Proof — Documentary Evidence Not Always Required
Although special damages must be specifically pleaded and strictly proved, they need not be supported by documentary evidence such as receipts and delivery notes in all cases; other credible evidence, such as an insurance claim form and loss-assessment report, may suffice.
Burden of Proof — Evidential Burden Shifting to Defendant
Where a plaintiff adduces sufficient evidence proving the value of a claim of special damages, the evidential burden shifts to the defendant to rebut it or adduce more credible evidence; a defendant who fails to do so leaves the trial court with no alternative but to rely on the plaintiff's evidence.
First Appeal — Interference with Trial Court's Award of Damages
A first appellate court will not interfere with a trial judge's award of damages unless it is shown that the trial judge proceeded on a wrong principle or misapprehended the evidence in some material respect and thereby arrived at a figure that was inordinately high or low.

Legislation cited (7)

  • Judicature (Court of Appeal) Rules S.I 13-10 r.2(2)
  • Judicature (Court of Appeal) Rules S.I 13-10 r.82
  • Judicature (Court of Appeal) Rules S.I 13-10 r.30(1)
  • Judicature (Court of Appeal) Rules S.I 13-10 r.76
  • Judicature (Court of Appeal) Rules S.I 13-10 r.78
  • Judicature (Court of Appeal) Rules S.I 13-10 r.83
  • Civil Procedure (Amendment) Rules, S.I No. 26 of 1998

Cases cited (6)

  • Pandya Vs R [1957] EA 336
  • Executive Director of National Environmental Management Authority (NEMA) v Solid State Limited (Civil Appeal No. 15 of 2015)
  • Byabalema & 2 Others v UTC (1975) Ltd (Civil Appeal No. 10 of 1993)
  • Administrator General v Bwanika James & 9 Others (Civil Appeal No. 7 of 2003)
  • Kyambadde Vs Mpigi District Administration [1983] HCB 44
  • Crane Bank Ltd v Nipun Narottam Bhatia (Civil Appeal No. 2 of 2014)

Full judgment

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

Security Group (U) Ltd v Marie Stopes Uganda Ltd (Civil Appeal No. 156 of 2013) [2020] UGCA 72 (2 July 2020)
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.