Byamugisha v Kebirungi (HCT-01-CV-CA 2 of 2022)
Byamugisha v Kebirungi (HCT-01-CV-CA 2 of 2022) [2023] UGHC 135 (30 November 2023)
The High Court found that the trial magistrate erred by relying on a valuation report that was not formally admitted as evidence, rendering the award of shs 1,837,500/= for special damages unsupported and erroneous. However, the evidence from the respondent and her witnesses established, on a balance of probabilities, that the appellant's cow did trespass and cause damage to the respondent's crops. The appellant's defense was found to lack merit. The court exercised its discretion to award general damages of shs 800,000/=, considering the absence of cogent proof of total crop destruction and…
Source excerpt
- Assessment Of Special Damages
- Trespass To Land
- Evidence Admissibility
- Compensation For Crop Damage