Commercial Law Index

The court considered the admissibility of a land agreement, the conditions to prove for the existence of a customary arbitration and the court 's discretion in awarding damages.

The court held that for a document to be admissible it must be relevant to the facts in issue and fulfil the prescribed conditions in law. According to s 108 (1) of the Evidence Act Cap 112, courts are permitted to form their opinion about signatures.  The court also held that the conditions for an existence of a customary arbitration are : (a)  voluntary submission to arbitration, (b) agreement of binding decision of the arbitration, (c) arbitration was per custom, (d) published award and (d) acceptance of the award. The court held that general damages are the judge's discretion.

The court found that the trial judge was correct in admitting the document as evidence and establishing equitable interest in the land dispute and that the plaintiff had proved better title to the land. The court also found that the parties were aware fully aware of the land in dispute. The court further found that the evidence on record did not meet the condition for an existence of a customary arbitration. Relief cannot be claimed by a deceased person. Also, found that the pleading of the parties and evidence adduced were in tandem with the conclusion made by the trial judge according to s 149 of the Evidence Act.

The court accordingly dismissed the appeal and respondents awarded costs.
 

The dispute related to dishonored cheques that were issued for payment of supplies. After several cheques were dishonored, the respondents went to the premises of the appellant to recover the remaining products. The trial court award general, special and nominal damages. However, the Court of Appeal reduced the general damages. They also held that nominal damages should not be awarded when there was a failure to prove special damages.

The court dealt with three issues relating to a potential error of law when the Court of Appeal substituted their judgment for that of the trial High Court, failure by the Court of Appeal to exercise their discretion judicially and issuing a judgment against the weight of evidence.

The Supreme Court held that the Court of Appeal could not set aside the trial High Court decision when there was no appeal against the relief granted by the High Court or challenge against the findings made. The Court of Appeal can only set aside aspects of the judgment that have been appeal against. The Court of Appeal can only reverse a trial court if the trial court made orders that were oppressive, excessive or contrary to the law.

The plaintiff/appellant unsuccessfully sued the defendant/respondent for breach of contract following the latter’s refusal to accept delivery of the relevant goods. Curtailing the appellant’s sizeable claim for special damages, the High Court awarded only nominal damages – an order later confirmed by the Court of Appeal.

At the Supreme Court, the scope of section 48 of the Sale of Goods Act (the act) was elucidated: the computation of damages thereunder may be either general or special depending on the circumstances of each case. General damages refer to those which are foreseeable without proving that special circumstances were brought to the breaching party’s attention. Special damages are those which are foreseeable by the parties at the time of contracting because certain circumstances have been highlighted which render the damages within the realm of the signatories’ reasonable contemplation. These must be pleaded and proved at trial.

The plaintiff’s claim for special damages for the losses suffered by the breach was not proven before the High Court and were subsequently abandoned. The Supreme Court thus took the plaintiff to be entitled only to general damages under section 48 of the act. To this end, the plaintiff did not lead any evidence on the multipliers which would entitle the court to award enhanced damages. Section 48 caters to the contract price/market price differential and not to a computation of lost profits. The plaintiffs failed to adduce sufficient evidence to merit the proposed determination of damages and so the nominal award made by High Court in terms of s 48 was adequate.

The appeal was dismissed.

The appellant claimed from the respondents jointly and severally for general damages for physical injuries he sustained after being involved in the accident caused by the motor vehicle owned by the first respondent and insured by the second respondent.

The issue was whether the magistrate erred in law and fact by considering false evidence tendered by the witness of the respondents.

The court held that the appellant did not state if it was all evidence tendered in court which was false or which part of it is false and was considered by the trial court’s magistrate and used in making the decision of the trial court.

The court noted that it had the duty as an appellate court to review the record of evidence of the trial court in order to determine whether the conclusion reached upon the evidence received by the trial court should stand. Though the court was in agreement with the appellant that motor vehicle insurance companies were statutorily duty bound to pay compensation to the victims of the accident caused by the motor vehicles of their clients but the compensation to be paid must be proved to the standard required by the law.

The court found that there was also no evidence tendered to the trial court to establish the appellant sustained permanent incapacity but he sustained temporary disability as indicated in the said exhibit.