Oriental Insurance Brokers Ltd v Transocean (U) Ltd
Oriental Insurance Brokers Ltd v Transocean (U) Ltd (Civil Appeal 55 of 1995) [1997] UGSC 11 (1 October 1997)
The Supreme Court held that while the trial judge has the authority to frame, amend, or add issues as necessary for determining the matters in controversy, such powers must be exercised in consultation with the parties and not arbitrarily. The judge erred by introducing new issues during judgment without reference to the parties or their advocates, thereby prejudicing the appellant. The proper procedure would have been to postpone writing the judgment, inform counsel of the intention to amend the issues, and allow them to call evidence or make submissions on the new issues. The failure to do…
Source excerpt
- Framing Of Issues
- Judicial Discretion
- Consultation With Parties
- Prejudice Due To Procedure