[2001] UGHC 131

[2001] UGHC 131

The court held that only those claims for special damages which were both specifically pleaded and strictly proved could be allowed. The plaintiff's evidence, though unchallenged, did not prove all heads of claim. The court allowed the claims for the Stanbic Bank loan balance, the car purchase loan, and the building loan, as these were supported by documentary evidence and admissions by the defendant. Claims for a second car loan and undeducted graduated tax were disallowed due to lack of proof. The total awarded is the sum of the three proven claims, with interest at court rate from judgment until payment in full, and costs to the plaintiff.

Citation
[2001] UGHC 131
Parties
Plaintiff: Shell Uganda Limited; Defendant: Mr. Michael Kibirango
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
13 February 2001
Case Number
Miscellaneous Application 303 of 2000
Procedural Posture
Civil Suit / Ex Parte Judgment
Outcome
judgment for the plaintiff in part
Judges
Ntabgoba, PJ
Legal Topics
Employee Indebtedness, Loan Repayment, Special Damages, Employment Termination
Source Language
English
Commercial and Corporate Employee Indebtedness Loan Repayment Special Damages Employment Termination

Case Brief

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Parties

Shell Uganda Limited

Plaintiff

Mr. Michael Kibirango

Defendant

Procedural Posture

Civil Suit / Ex Parte Judgment

Legal Issues

  1. 1 Whether the defendant is indebted to the plaintiff for the claimed sum under various loan heads.
  2. 2 Whether the plaintiff has specifically pleaded and strictly proved the special damages claimed.
  3. 3 Whether the defendant's terminal benefits should offset the claimed indebtedness.

Ratio Decidendi

The court held that only those claims for special damages which were both specifically pleaded and strictly proved could be allowed. The plaintiff's evidence, though unchallenged, did not prove all heads of claim. The court allowed the claims for the Stanbic Bank loan balance, the car purchase loan, and the building loan, as these were supported by documentary evidence and admissions by the defendant. Claims for a second car loan and undeducted graduated tax were disallowed due to lack of proof. The total awarded is the sum of the three proven claims, with interest at court rate from judgment until payment in full, and costs to the plaintiff.

Court Disposition

judgment for the plaintiff in part

Orders

  • The defendant shall pay the plaintiff Shs. 1,707,520/= as balance on the Stanbic Bank loan.
  • The defendant shall pay the plaintiff Shs. 8,999,998/= as balance on the car purchase loan.