testified that the consignee was the Plaintiff's agent and not the purchaser
who was a Chinese called Lin Hai Chin. That Exh P3 Page on 9 dated 3rd April
2010 is a customs declaration by Maersk Uganda Limited (same as Damco, the
Defendant) and the value declared therein is US$ 303,330. On further cross
examination by the third party PW1 testified that the Defendant obtained a
commercial invoice Exh P4 page 10 for the value of the consignment and the
agents of the Defendant did the clearance at customs and filled in the customs
declaration Exh. P3 page 9. Counsel for the plaintiff submitted that the
evidence of the Plaintiff was unchallenged and uncontroverted and prayed
that the court finds as submitted above.
For its part the defendant’s counsel submitted that the Plaintiffs are not
entitled to any remedies and that any loss is excluded by the exclusion clause.
Without prejudice counsel for the defendant submitted that if the Court were
to find that the Plaintiffs are entitled to compensation then the following
should be taken into account. That the claim for a profit marks – up to 15%
should be rejected. This is because profit is a special damage and this was
never pleaded, and even no evidence was led in examination in chief on this. It
only came in evidence from the cross-examination of Counsel for the Third
Party. The need for pleading and proof of special damages has been ably laid
down in Kampala City Council vs. Nakaye [1972] EA 446(2), Connie Kabandavs. Kananura Melvin Construction Co. Ltd- Civil Appeal No 32 of 1992. Counsel
contended that while Counsel for the Plaintiff has made an observation on
proof, one can only prove what one has pleaded. No proof was established on
general damages and none should be awarded. As far as interest is concerned
counsel for the defendant submitted that interest on general damages is
awarded from the date of judgment and not from the date of filing the suit,
because interest cannot begin to run on a figure that has not been assessed
yet.
The plaintiff in rejoinder agreed that damages are pecuniary recompense given
by process of law to a person for actionable wrong that another has done him.
General damages are such as the law will presume as a natural or probable
consequence of the act complained of. Special damages are such as the law
will not infer from the nature of the act and must be claimed specially and
proved strictly. In the case of Uganda Telecom v. Tanzanite Corporation
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