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Trackstar (U) Limited v Global 6c Star Logistics Limited (Civil Suit No. 397 of 2018) [2021] UGCommC 131 (30 April 2021)
- Citation
- [2021] UGCommC 131
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Commercial Court of Uganda
- Panel
- Wabwire, J
- Case number
- Civil Suit No. 397 of 2018
- Language
- English
More details
- Court
- Commercial Court of Uganda
- Panel
- Wabwire, J
- Case number
- Civil Suit No. 397 of 2018
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the judgment delivered on 30th April 2021 contained a clerical error in the amount of special damages awarded, which was stated as USD 55,943 instead of the correct sum of USD 228,516. Relying on Section 100 of the Civil Procedure Act, which empowers the court to correct clerical or arithmetical mistakes in judgments or orders at any time, the court exercised its inherent power to amend the judgment to reflect the correct amount of special damages claimed and awarded to the plaintiff. The correction was made to ensure that the judgment accurately represents the court's intention and the parties' entitlements as established by the evidence and pleadings.
Court disposition
judgment_corrected
Orders
- The judgment delivered on 30th April 2021 is corrected to reflect the special damages awarded as USD 228,516 instead of USD 55,943.
- All references to special damages in the judgment are amended accordingly.
02
Material facts
Parties
Trackstar Uganda Limited
PlaintiffGlobal 6C Star Logistics Limited
DefendantAmounts and remedies
- Special Damages Awarded: USD 228,516
03
Procedural history
Posture
Civil Suit / Correction of Judgment
04
Questions and positions
Legal issues
- 01
Whether the judgment contained a clerical error regarding the amount of special damages awarded.
- 02
Whether the court has the power to correct the error under Section 100 of the Civil Procedure Act.
Party arguments
- Applicant
- The plaintiff sought correction of a clerical error in the judgment, asserting that the special damages awarded were incorrectly stated as USD 55,943 instead of the correct sum of USD 228,516.
- Respondent
- The defendant's position is not recorded in the correction order; the correction was made on the court's own motion under its inherent powers.
05
Court’s reasoning
Legal principles
- 01
Section 100, Civil Procedure Act Cap 71
Courts have the inherent power to correct clerical or arithmetical mistakes in judgments or orders at any time.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the judgment delivered on 30th April 2021 contained a clerical error in the amount of special damages awarded, which was stated as USD 55,943 instead of the correct sum of USD 228,516. Relying on Section 100 of the Civil Procedure Act, which empowers the court to correct clerical or arithmetical mistakes in judgments or orders at any time, the court exercised its inherent power to amend the judgment to reflect the correct amount of special damages claimed and awarded to the plaintiff. The correction was made to ensure that the judgment accurately represents the court's intention and the parties' entitlements as established by the evidence and pleadings.
Court disposition
judgment_corrected
- The judgment delivered on 30th April 2021 is corrected to reflect the special damages awarded as USD 228,516 instead of USD 55,943.
- All references to special damages in the judgment are amended accordingly.
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)*
*CIVIL SUIT NO. 397 OF 2018*
*TRACKSTAR UGANDA LIMITED……………………………………………………....................... PLAINTIFF*
*VS.*
*GLOBAL 6C STAR LOGISTICS LIMITED ……................................................................ DEFENDANT*
*BEFORE HON. JUSTICE RICHARD WEJULI WABWIRE*
*(CORRECTION OF ERROR IN JUDGMENT)*
*S100, THE CIVIL PROCEDURE ACT CAP 71*
*In the Judgment delivered in this matter by this Court on 30th April 2021, there was an error when the special damages claimed and awarded were stated to be USD\$55,943. The correct sum is US\$228,516.*
*Premised on the inherent power of the Court derived from Section 100 of the CPA, the Judgment delivered on the 30th April 2021 is corrected at page 10, line 166 regarding special damages to reflect the correct sum of damages claimed by the Plaintiffs, being USD\$ 228,516 and not USD\$ 55,943.*
*The special damages awarded as reflected at Page 11, line 179 is accordingly corrected as well to reflect the sum of USD\$228,516.*
*Delivered at Kampala this 30th day of April, 2021.*
*………………………………………………………*
*RICHARD WEJULI WABWIRE*
*JUDGE*
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