Mwanje v Mukose
Mwanje v Mukose (Civil Revision 6 of 2024) [2024] UGCommC 316 (3 October 2024)
The High Court found that the consent order of 29th October, 2021 was vitiated by mutual mistake, as the parties were at cross-purposes regarding its scope, resulting in both patent and latent ambiguities. The trial magistrate failed to ascertain mutual agreement and acted with material irregularity by approving an ambiguous and unenforceable consent order. The subsequent interpretive ruling of 25th January, 2024 was also irregular, as the magistrate, being functus officio, lacked jurisdiction to clarify or vary the original order except for clerical corrections under the slip rule, which was…
Source excerpt
- Consent Orders
- Stay Of Execution
- Jurisdiction Of Magistrates
- Taxation Of Costs
- Slip Rule
- De Novo Trial