KEBIRIGO GENERAL STORES LTD V. MARIA WAMBURA MWITA

JUDGMENT OF THE COURT

This is an appeal by the unsuccessful defendant from the judgment of the superior court (Mbaluto, J.) given on 8 April, 1998 whereby he awarded the sum of Shs. 650,000/= as general damages, Shs. 640/= as special damages, Shs. 234,000/= as loss of future earnings and Shs. 90,000/= costs of future earnings making a total sum of Shs. 974,640/= with costs and interest.

The appeal raises only two points, the first in respect of the refusal by the learned judge to grant an adjournment. This is essentially a matter of discretion with which this Court will not interfere unless it is shown that the learned judge was plainly wrong or that the discretion has been wrongly exercised. We have not been persuaded that the learned judge erred in principle or otherwise. This ground fails.

The other ground urged was in relation to the question of damages. We have heard nothing in support of the appeal on this ground to satisfy us that the award of damages is so inordinately high as to…