Suresh Chandra A Ghelani Vs Patel (Civil Appeal No. 56 of 2004) [2006] UGCA 47 (30 August 2006)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 56 of 2004
The Court of Appeal upheld exemplary damages and compound interest against the appellant, finding he caused the respondent’s arrest to pressure payment and was unjustly enriched.
Attorney General v Virchand Mithalal and Sons Limited (Civil Appeal 126 of 2003) [2006] UGCA 51 (4 August 2006)
Court
Court of Appeal of Uganda
Case number
Civil Appeal 126 of 2003
Judge
Mpagi-Bahigeine, JA, Engwau, JA, Kitumba, JA
The Court of Appeal held that the award of compound interest by the trial judge was a proper exercise of judicial discretion. The appellant, as a fiduciary, received the compensation money in 1988 but failed to pass it to the respondent or pay it into court, despite repeated demands and the completion of the sale. The court found the appellant's justification for withholding the money implausible and contrary to Article 26(2)(i) of the Constitution, which requires prompt payment of fair and adequate compensation prior to acquisition of property. The court affirmed that compound interest may b…