Uganda Case Law

Mpanga & 9 Others v Bunkedeko & Another

Mpanga & 9 Others v Bunkedeko & Another (Miscellaneous Application 2240 of 2024; Miscellaneous Application 2264 of 2024; Miscellaneous Application 2320 of 2024) [2024] UGHCLD 245 (31 October 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2240 of 2024 ; Miscellaneous Application 2264 of 2024 ; Miscellaneous Application 2320 of 2024

Judge

Naluzze Aisha Batala, J

The court found that the applicants, as registered proprietors and defendants in the main suit, were directly affected by the orders made in Misc. Application No. 1453 of 2024, despite not being parties to that application. The exclusion of the applicants from proceedings that resulted in orders impacting their proprietary interests constituted an error apparent on the face of the record. The court held that a third party may seek review if they can demonstrate they are aggrieved by a decision, and the applicants met this threshold. The applicants also established that new and important evide…

Source excerpt

• Review Of Court Orders
• Aggrieved Party Status
• Error Apparent On Record
• Bonafide Purchaser
• Judgment On Admission

DFCU Bank Limited v Colline Hotel Limited & Another

DFCU Bank Limited v Colline Hotel Limited & Another (Miscellaneous Application 799 of 2023) [2024] UGCommC 148 (22 May 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 799 of 2023

Judge

Abinyo, J

The court found that the applicant, as successor in title to Crane Bank, qualifies as an aggrieved party under section 82 of the Civil Procedure Act and Order 46 Rule 1 of the Civil Procedure Rules. However, the applicant failed to prove the existence of an error apparent on the face of the record, as required for review. The evidence did not demonstrate that the default judgment was entered in error or that the applicant was denied an opportunity to defend the suit on its merits. The preliminary objections raised by the respondents regarding non-sealing, non-service, abuse of process, and re…

Source excerpt

• Review Of Judgment
• Default Judgment
• Aggrieved Party Status
• Error On Face Of Record
• Successor In Title
• Costs Award

Nabasinga v Nakintu & Another (Revision Cause 20 of 2022)

Nabasinga v Nakintu & Another (Revision Cause 20 of 2022) [2023] UGHC 387 (7 September 2023)

Court

High Court of Uganda

Case number

Revision Cause 20 of 2022

Judge

Katamba Nkwanga, J

The court found that the Applicant, as a granddaughter of the late Byansi Benedicto, is a lineal descendant and thus a beneficiary to the estate, making her an aggrieved party within the meaning of Section 82 of the Civil Procedure Act. However, the court determined that the judgment in question was based on findings of fact and application of the relevant law, and did not contain an error apparent on the face of the record. The Applicant's arguments required examination of evidence and challenged the merits of the decision, which is outside the scope of review. The court held that review is…

Source excerpt

• Review Of Judgment
• Aggrieved Party Status
• Succession And Beneficiaries
• Error Apparent On Record

Natunga Sarah v Erivania and Anor

Natunga Sarah v Erivania and Anor (Miscellaneous Cause No. 64 of 2020) [2021] UGHCLD 66 (21 January 2021)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause No. 64 of 2020

Judge

Kawesa, J

The applicant, as the registered proprietor of plot 2341 block 107, was not made a party to HCCS No.510 of 2012, yet the judgment affected her proprietary interests. This omission constitutes a mistake apparent on the face of the record and a violation of her constitutional right to a fair hearing. The applicant qualifies as an aggrieved party and is entitled to a review of the judgment only insofar as it affects her rights in plot 2341 block 107. The remainder of the judgment stands unaffected. The applicant is awarded half of the taxed costs of the application, to be paid by the respondents.

Source excerpt

• Review Of Judgment
• Aggrieved Party Status
• Right To Fair Hearing
• Registered Proprietor Land
• Mistake Apparent On Record

Kawoya v Mawalazi (Ma No. 87 of 2013)

Kawoya v Mawalazi (Ma No. 87 of 2013) [2013] UGHCLD 67 (4 July 2013)

Court

HC: Land Division (Uganda)

Case number

Ma No. 87 of 2013

Judge

Tuhaise, J

The High Court overruled a preliminary objection to a review application, holding that the applicant was arguably aggrieved and that the merits should be heard later.

• Review Of Judgment
• Aggrieved Party Status
• Ex Parte Judgment
• Injunction Orders
• Review-of-judgment
• Preliminary-objection

Yahaya Kiriisa v Attorney General and Another

Yahaya Kiriisa v Attorney General and Another (Civil Appeal 7 of 1994) [1994] UGSC 50 (21 November 1994)

Court

Supreme Court of Uganda

Case number

Civil Appeal 7 of 1994

Judge

Mayindo, DCJ

The Supreme Court set aside a High Court dismissal for want of prosecution, holding the adjournment refusal was not a judicious exercise of discretion.

• Adjournment Discretion
• Right To Counsel
• Repossession Of Property
• Expropriated Property Act
• Want Of Prosecution
• Aggrieved Party Status