Crown Beverages Ltd v Sendu Edwards (Civil Appeal No. 1 of 2005) [2006] UGSC 2 (14 March 2006);


Search Summary: 

This was a second appeal against the decision
of the Court of Appeal allowing the
respondent’s appeal against the judgment of
the High Court, which had dismissed the
respondent’s suit. The background is that the
respondent bought a soft drink from the
appellant which was found with starchy
substances. The drink allegedly caused him a
number of sicknesses and at trial, the court
dismissed his cause but on appeal, he was
successful and the respondent now appeals on
the grounds that the justices of appeal erred in
granting damages on the head that was not
claimed and in the alternative the grant of
damages that were excessive in the

Headnote and Holding: 

The court held that the principle that an
appellate court will not interfere with the
award of damages by a trial court unless the
trial court acted upon wrong principle of law or
the amount awarded is so high or so low as to
make it an entirely erroneous estimate of the
damages to which the plaintiff was entitled
equally applies to the instant case. That the
reasons for the award at appeal had not been
proved and this made the damages awarded
excessive in the circumstances.


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