Gopal Sri Ram JCA:

Introduction

There are two appeals before us. The appellant in Civil Appeal No W-03-41- 98 ("the first appeal") was the plaintiff in the court below. The respondent to the first appeal was the defendant. In Civil Appeal No. W-03-43-98 ("the second appeal") the roles are reversed. It is the defendant in the court below who is the appellant while the plaintiff is the respondent. We heard both appeals on 26 October 1998. Since both appeals arise from the same action and concern a common issue, we heard them together. The parties agreed to this course. At the conclusion of argument, we reserved judgment. We also directed parties to put in written submissions. This was done. We find it convenient throughout this judgment to refer to the parties according to the title assigned to them in the court below.

We said that both appeals raise a common issue. It has to do with the measure of damages that the defendant is liable to pay the plaintiff. In the first appeal, the plaintiff complains that he has received too little; in the second appeal, the defendant complains that it has been ordered to pay too much. The question at issue is simple enough. It is amply cov