- Flynote
- Banking, Finance and Insurance Law|Bank
- Case summary
- The court held that the duty of the second appellate court is not to re appraise the entire evidence on record as that would amount to assuming the role of the first appellate court. The court only deals with matters of law. That in the absence of a cross appeal; the judge erred in holding that the respondent wa dissatisfied with the award on the general damages. That the interest awarded was similar to the interest charged by the appellant on the loan and hence subsists. That the trial court properly evaluated the evidence and rightly held that the cheque sum had been issued negligently
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