[2020] UGCommC 144
The court found that there was an inadvertent clerical error in the judgment where the amount of nominal damages awarded in figures (Shs 2,500,000) did not match the amount stated in words (one million five hundred thousand only). Relying on Section 99 of the Civil Procedure Act, which empowers the court to correct...
Source-derived case information.
- Citation
- [2020] UGCommC 144
- Parties
- Plaintiff: Sekitoleko John; Defendant: DFCU Bank Limited
- Court
- Commercial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Suit No. 460 of 2011
- Procedural Posture
- Civil Suit / Correction of Judgment Error
- Outcome
- judgment_corrected
- Judges
- Wabwire, J
- Legal Topics
- Correction of Judgment, Nominal Damages, Clerical Error
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sekitoleko John
Plaintiff
DFCU Bank Limited
Defendant
Procedural Posture
Civil Suit / Correction of Judgment Error
Legal Issues
- 1 Whether there was a clerical or typographical error in the judgment regarding the amount of nominal damages awarded.
- 2 Whether the court can correct the error under section 99 of the Civil Procedure Act.
Ratio Decidendi
The court found that there was an inadvertent clerical error in the judgment where the amount of nominal damages awarded in figures (Shs 2,500,000) did not match the amount stated in words (one million five hundred thousand only). Relying on Section 99 of the Civil Procedure Act, which empowers the court to correct such errors, the court ordered that the judgment be corrected to reflect the intended award of Shs 2,500,000 (two million five hundred thousand only) as nominal damages to the plaintiff. The correction was entered on the record to ensure consistency and accuracy in the judgment.
Court Disposition
judgment_corrected
Orders
- The judgment is corrected to award nominal damages of Shs 2,500,000 (two million five hundred thousand only) to the plaintiff.
Full Case Text
Judgment text and source record
22 paragraphs
# **THE REPUBLIC OF UGANDA**
## **IN THE HIGH COURT OF UGANDA AT KAMPALA**
# **(COMMERCIAL COURT DIVISION)**
#### 5 **CS No. 460 of 2011**
**SEKITOLEKO JOHN::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF**
### **VERSUS**
# **DFCU BANK LIMITED::::::::::::::::::::::::::::::DEFENDANT BEFORE HON. JUSTICE RICHARD WEJULI WABWIRE**
## 10 **CORRECTION OF ERROR UNDER S 99 CPA**
My attention is drawn to an inadvertent error made by this Court in the award of nominal damages, wherein the amount awarded in figures of Shs 2,500,000/= is inconsistent with the expression of the amount in words, which is typed and reads *"one million five hundred thousand only", instead of*
15 *"two million five hundred thousand only".*
The error in the Judgement is corrected in that respect to read as follows;
"*In the event therefore, I award nominal damages of Shs 2,500,000 (two million five hundred thousand only) to recompense the Plaintiffs for the injury suffered*".
20 Correction entered on the record this 31st Day of August, 2020.
Richard Wejuli Wabwire
JUDGE
Unsigned copies sent by email to the under listed email addresses of Counsel for the respective parties and signed counterpart copies placed on the court
25 file for collection.
Plaintiff: [samsserwanga@yahoo.com](mailto:samsserwanga@yahoo.com)
Defendants: [makamp2013@gmail.com](mailto:makamp2013@gmail.com)
30 Richard Wejuli Wabwire
JUDGE