Share
Sekitoleko v DFCU Bank Limited (Civil Suit No. 460 of 2011) [2020] UGCommC 144 (31 August 2020)
- Citation
- [2020] UGCommC 144
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Commercial Court of Uganda
- Panel
- Wabwire, J
- Case number
- Civil Suit No. 460 of 2011
- Language
- English
More details
- Court
- Commercial Court of Uganda
- Panel
- Wabwire, J
- Case number
- Civil Suit No. 460 of 2011
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that there was an inadvertent clerical error in the judgment where the amount of nominal damages awarded in figures (Shs 2,500,000) did not match the amount stated in words (one million five hundred thousand only). Relying on Section 99 of the Civil Procedure Act, which empowers the court to correct such errors, the court ordered that the judgment be corrected to reflect the intended award of Shs 2,500,000 (two million five hundred thousand only) as nominal damages to the plaintiff. The correction was entered on the record to ensure consistency and accuracy in the judgment.
Court disposition
judgment_corrected
Orders
- The judgment is corrected to award nominal damages of Shs 2,500,000 (two million five hundred thousand only) to the plaintiff.
02
Material facts
Parties
Sekitoleko John
Plaintiff Counsel: Sam SerwangaDFCU Bank Limited
Defendant Counsel: Makamp AdvocatesAmounts and remedies
- Nominal Damages Awarded: UGX 2,500,000
03
Procedural history
Posture
Civil Suit / Correction of Judgment Error
04
Questions and positions
Legal issues
- 01
Whether there was a clerical or typographical error in the judgment regarding the amount of nominal damages awarded.
- 02
Whether the court can correct the error under section 99 of the Civil Procedure Act.
Party arguments
- Applicant
- The plaintiff pointed out that the judgment contained an inconsistency between the amount of nominal damages awarded in figures (Shs 2,500,000) and the amount stated in words (one million five hundred thousand only), and requested correction to reflect the intended award.
- Respondent
- The defendant did not object to the correction of the clerical error in the judgment regarding the nominal damages awarded.
05
Court’s reasoning
Legal principles
- 01
Section 99, Civil Procedure Act (Cap 71)
Courts have the power to correct clerical or arithmetical mistakes in judgments or orders arising from accidental slips or omissions at any time.
06
Ratio, limits and disposition
Ratio decidendi
The court found that there was an inadvertent clerical error in the judgment where the amount of nominal damages awarded in figures (Shs 2,500,000) did not match the amount stated in words (one million five hundred thousand only). Relying on Section 99 of the Civil Procedure Act, which empowers the court to correct such errors, the court ordered that the judgment be corrected to reflect the intended award of Shs 2,500,000 (two million five hundred thousand only) as nominal damages to the plaintiff. The correction was entered on the record to ensure consistency and accuracy in the judgment.
Court disposition
judgment_corrected
- The judgment is corrected to award nominal damages of Shs 2,500,000 (two million five hundred thousand only) to the plaintiff.
Source and reliance status
Commercial Court of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Commercial Court of Uganda
Judgment
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL COURT DIVISION)
5 CS No. 460 of 2011
SEKITOLEKO JOHN::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
DFCU BANK LIMITED::::::::::::::::::::::::::::::DEFENDANT BEFORE HON. JUSTICE RICHARD WEJULI WABWIRE
10 CORRECTION OF ERROR UNDER S 99 CPA
My attention is drawn to an inadvertent error made by this Court in the award of nominal damages, wherein the amount awarded in figures of Shs 2,500,000/= is inconsistent with the expression of the amount in words, which is typed and reads *"one million five hundred thousand only", instead of*
15 *"two million five hundred thousand only".*
The error in the Judgement is corrected in that respect to read as follows;
"*In the event therefore, I award nominal damages of Shs 2,500,000 (two million five hundred thousand only) to recompense the Plaintiffs for the injury suffered*".
20 Correction entered on the record this 31st Day of August, 2020.
Richard Wejuli Wabwire
JUDGE
Unsigned copies sent by email to the under listed email addresses of Counsel for the respective parties and signed counterpart copies placed on the court
25 file for collection.
Plaintiff: [samsserwanga@yahoo.com](mailto:samsserwanga@yahoo.com)
Defendants: [makamp2013@gmail.com](mailto:makamp2013@gmail.com)
30 Richard Wejuli Wabwire
JUDGE
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.