Sometimes in 2011 the Appellant successfully completed her
certificate course in customer care and public relations but she was not
furnished with her certificate irrespective of several follow-up. In 2014, she
was finally furnished with a certificate but the same did not indicate the
courses she studied. She returned the certificate to the Respondent for
rectification. The Respondent furnished her with a rectified certificate but
she realised that this too had an error as it indicated that she graduated in
2012. She has had to once return the certificate for further rectification.
Thereafter, she made several demands and reminders but the defendant’s
authorities neglected/refused to furnish her with a valid certificate. She
filed the suit against the Respondent for negligence and claimed special and
general damages.
At the conclusion of trial, the court held that the
Appellant ably established that the Respondent owed the Appellant a duty of
care and that it acted negligently in breach of its duty. It however held that
the Appellant failed to establish the damage she suffered as result of the
Respondent negligence, hence this appeal which contests the burden and standard
of proof invoked by the trial court.