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Uganda Judgment

Court of Appeal of Uganda

Mugenyi and Another v Nasser (Civil Application 1150 of 2023; Civil Application 526 of 2023) [2024] UGCA 338 (31 October 2024)

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Source document

01

Holding and result

The court found that the error in the name of the respondent's advocate was a clerical mistake arising from an accidental slip or omission. Pursuant to Rule 36(1) of the Judicature (Court of Appeal Rules), the court has the authority to correct such errors at any time to reflect its true intention. The court therefore ordered that the name 'Peter Kasaija' be corrected to 'Ita Kasaija' in the ruling, thereby rectifying the record and ensuring accuracy in the court's proceedings.

Court disposition

clerical error corrected

Orders

  • The name of the respondent's advocate at page 3 of the ruling is corrected from 'Peter Kasaija' to 'Ita Kasaija'.

02

Material facts

Parties

Yessero Mugenyi

Applicant

S & M Holdings Ltd

Applicant

Abdul Nasser

Respondent Counsel: Ita Kasaija

03

Procedural history

  1. Posture

    Miscellaneous Application / Post Judgment Correction

04

Questions and positions

Legal issues

Whether the court should correct a clerical error in the name of the respondent's advocate in its ruling as permitted by Rule 36(1) of the Court of Appeal Rules.

Party arguments

Respondent
Counsel for the respondent notified the court of an error in the name of the advocate representing the respondent, requesting correction from 'Peter Kasaija' to 'Ita Kasaija'.

05

Court’s reasoning

  1. 01

    Rule 36(1) of the Judicature (Court of Appeal Rules, Directions, SI 13-10)

    A clerical or arithmetical mistake or any error arising from an accidental slip or omission in a judgment may be corrected by the court to give effect to its intention.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the error in the name of the respondent's advocate was a clerical mistake arising from an accidental slip or omission. Pursuant to Rule 36(1) of the Judicature (Court of Appeal Rules), the court has the authority to correct such errors at any time to reflect its true intention. The court therefore ordered that the name 'Peter Kasaija' be corrected to 'Ita Kasaija' in the ruling, thereby rectifying the record and ensuring accuracy in the court's proceedings.

Obiter and limits

  • The court apologises to counsel for any inconvenience caused by the error.

Court disposition

clerical error corrected

  • The name of the respondent's advocate at page 3 of the ruling is corrected from 'Peter Kasaija' to 'Ita Kasaija'.

Source and reliance status

Court of Appeal of Uganda

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Source document

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Judgment text

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Source document

Court of Appeal of Uganda

Judgment

[2024] UGCA 338

THE COURT OF APPEAL OF UGANDA AT KAMPALA CIVIL APPLICATIONS NO. 526 & 1150 OF 2023

Coram: Mulyagonja, Kihika & Kazibwe Kawumi, JJA

BETWEEN

1. YESSERO MUGENYI 2. S & M HOLDINGS LTD :::::::::::::::::::::::::::::::::::::

AND

ABDUL NASSER

:::::::::::::::::::::::::::::::::::::

ORDER

By letter dated the 15<sup>th</sup> October 2024, addressed to the Registrar of this court, counsel for the respondents drew it to the attention of the court that there was an error in the name of one of the Advocates that represented the Respondent, at page 3 of the Ruling of the Court. Court was informed that the name of the Advocate is "Ita Kasaija," not "Peter Kasaija," as it was written in the ruling. Counsel prayed that the error be corrected.

Rule 36 (1) of the Judicature (Court of Appeal Rules, Directions, SI 13-10 provides as follows:

36. Correction of errors.

(1) A clerical or arithmetical mistake in any judgment of the court or any error arising in it from an accidental slip or omission may, at any time, whether before or after the judgment has been embodied in a decree, be corrected by the court concerned, either of its own motion or on the application of any interested person so as to give effect to what was the intention of the court when judgment was given.

$\mathbf{1}$

The error in the ruling of the court was noticed after its delivery on 15<sup>th</sup> September 2024. The court apologises to counsel for any inconvenience that this may have caused by the error.

Accordingly, the error at page 3 of the ruling of the court where the name of one of the Advocates for the Respondent was written as "Peter Kasiaja" is hereby corrected to read "Ita Kasaija."

Dated at Kampala this $31$ <sup>St</sup> Day of October 2024.

Irene Mulyagonja JUSTICE OF APPEAL

Oscar John Kihika JUSTICE OF APPEAL

Moses Kazibwe Kawumi JUSTICE OF APPEAL

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Rule 36(1) of the Judicature (Court of Appeal Rules, Directions, SI 13-10)

Legislation

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