Security 2000 Ltd Vs Cumberland (Civil Appeal No.0916 of 2014) [2018] UGCA 79 (18 October 2018)

Flynote

Civil Remedies|Damages|Delict and Tort Law|Negligence

Case summary

The court held that as an appeal court, it is required to appraise the evidence and reach an independent conclusion. That the guards owed the duty of care to the respondent and the same was breached hence negligence. That the guards having failed in their duty and the respondent having direct control of the guards makes them vicariously liable since they failed in their ordinary course of employment. That the judge didn’t award any special damages but a contractual sum. That the rule is that special damages must be specifically and proved. That the general principle underlying the award of general damages is that the claimant is entitled to full compensation for his losses. That general damages compensate the claimant for the non-monetary aspects of the specific harm suffered.

---