Uganda Case Law

Kwizera v Attorney General

Kwizera v Attorney General (Constitutional Appeal 1 of 2008) [2017] UGSC 3 (14 February 2017)

Court

Supreme Court of Uganda

Case number

Constitutional Appeal 1 of 2008

Judge

Mwangusya, JSC, Arach-Amoko, JSC, Mwondha, JSC, Katureebe, CJ, Tumwesigye, JSC

The Supreme Court held that the slip rule under Rule 36 of the Court of Appeal Rules is limited to correcting clerical or accidental errors and cannot be used to alter deliberate judicial decisions, such as the exercise of discretion in awarding costs. The Constitutional Court's decision to order each party to bear its own costs was a conscious exercise of discretion under Section 27 of the Civil Procedure Act, based on the partial success of the appellant. The appellant failed to demonstrate any clerical error or omission that would justify application of the slip rule. Furthermore, the majo…

Source excerpt

• Costs Award Discretion
• Slip Rule Application
• Public Interest Litigation
• Constitutional Petition Procedure