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28 Feb 2025

Civil Procedure [2025] UGHC 136

Isikwize v Baguma

Isikwize v Baguma (Civil Suit 22 of 2019) [2025] UGHC 136 (28 February 2025)

Court: High Court of Uganda
Case number: Civil Suit 22 of 2019

The court found that the misquotation of the suit number in its ruling dated 27th February 2023 constituted an accidental slip or clerical error, which is rectifiable under Section 99 of the Civil Procedure Act (the slip rule). The error did not affect the substance of the decision but was a technical mistake in the citation of the suit number, likely caused by the similarity to the original case number. The court confirmed its inherent power to correct such errors to give effect to its manifest intention, provided the correction does not amount to a substantive review or alteration of the ju…

Source excerpt

Slip Rule Corrections
Clerical Errors In Judgments
Dismissal For Want Of Prosecution
Case Number Rectification

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21 Nov 2024

Civil Procedure [2024] UGCommC 350

Vivo Energy Uganda Limited v C & A Tours & Travel Operators Limited

Vivo Energy Uganda Limited v C & A Tours & Travel Operators Limited (Miscellaneous Application 2501 of 2024) [2024] UGCommC 350 (21 November 2024)

Court: Commercial Court of Uganda
Case number: Miscellaneous Application 2501 of 2024
Judge: Stephen Mubiru, J

The court held that garnishee proceedings under Order 23 of The Civil Procedure Rules are a self-contained process that does not require the issuance of a notice to show cause to the judgment debtor, even if more than a year has elapsed since the decree. The judgment debtor is not a necessary party at the order nisi stage, and the process is designed to be ex parte, with the opportunity for the judgment debtor to be heard at the stage when the order nisi is to be made absolute. The existence of a pending cross-appeal by the respondent does not, in itself, bar execution, but the doctrine of ap…