Mutashwera Vs Ryangombe (Civil Appeal No. 181 of 2015) [2017] UGCA 114 (5 December 2017)

Flynote

Civil Procedure|Appeals and reviews

Case summary

The first ground on appeal was that the judge had decided the appeal on new grounds not in the memorandum of appeal. The court observed that the judge exercised his role of fresh subjecting the evidence to a fresh scrutiny and that the court is allowed not to be confined to grounds of appeal. The court observed that the house constructed by a party not involved in the proceedings could not be destroyed and the order of permanent injunction could not bind him or his estate as court orders bind parties to litigation. Another complaint was about the interference with the trial court’s discretion on award of damages and the court held that an appellate court can only interfere where the award was made on a principle or where the amount is so low or high. The appeal was dismissed for lack of merit.

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