Uganda Case Law

Musa Mwanje v John Lule Ssebakijja

Musa Mwanje v John Lule Ssebakijja (Miscellaneous Application 203 of 2022) [2023] UGHC 242 (5 December 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 203 of 2022

Judge

Bukirwa, J

The court found that there was no record of service of the appeal or hearing notices on the applicant, no affidavit of service, and no record of proceedings or judgment from which the impugned order emanated. The absence of these procedural safeguards constituted a material error apparent on the face of the record, resulting in denial of the applicant's right to be heard. The court held that the order was issued in error and stood in a vacuum, with its authenticity highly doubted. The respondent's failure to serve court process and the prolonged delay violated the applicant's constitutional r…

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• Review Of Court Orders
• Error Apparent On Face Of Record
• Service Of Process
• Dismissal For Want Of Prosecution

Oriokoy v Eduba

Oriokoy v Eduba (Miscellaneous Application 188 of 2022) [2023] UGHCCD 284 (21 September 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 188 of 2022

Judge

Adonyo, J

The court found that the judgment in Civil Appeal No. 0008 of 2019 contained errors, specifically the mistaken finding that Asio Magdalene was dead and that the applicant had obtained letters of administration to her estate, when in fact she was alive and the letters were for his late father. These errors were apparent on the face of the record and justified correction. However, the court determined that these errors did not affect the substance of the judgment, as the proceedings in the lower court were already found to be a nullity due to the defective power of attorney, and a retrial had b…

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• Review Of Judgment
• Error Apparent On Face Of Record
• Powers Of Attorney
• Letters Of Administration
• Nullity Of Proceedings

Rukundo v Bakamwanga & Others

Rukundo v Bakamwanga & Others (Civil Revision 9 of 2020) [2022] UGHC 138 (15 December 2022)

Court

High Court of Uganda

Case number

Civil Revision 9 of 2020

Judge

Joyce Kavuma, J

The court found that the applicant's grievances did not amount to an error apparent on the face of the record as required for a review under Order 46 Rule 1 of the Civil Procedure Rules. The alleged inconsistency between the distribution formula and the will was a matter of substantive reasoning and judicial discretion exercised in the original judgment, not a manifest error. The applicant was essentially challenging the merits of the decision, which is the domain of an appellate process, not a review. The court emphasized that review is not intended to be an appeal in disguise and that the f…

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• Review Of Judgment
• Error Apparent On Face Of Record
• Distribution Of Estate
• Wills And Administration
• Letters Of Administration

Ojijo v Byakika

Ojijo v Byakika (Miscellaneous Application 1028 of 2020) [2022] UGCommC 159 (31 May 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1028 of 2020

Judge

Stephen Mubiru, J

The court found that the applicant failed to establish any error apparent on the face of the record or discovery of new and important evidence that would justify review of the order granting leave to appear and defend. The arguments advanced by the applicant pertained to the merits of the decision and not to any procedural irregularity or self-evident error. The court emphasized that review is not a substitute for appeal and cannot be used to reappraise evidence or correct decisions on the merits. The applicant's contentions amounted to a disagreement with the court's findings rather than ide…

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• Review Of Court Orders
• Error Apparent On Face Of Record
• Discovery Of New Evidence
• Summary Procedure
• Judicial Discretion

Musendwa v Namalwa

Musendwa v Namalwa (Civil Miscellaneous Application No. 1819 of 2020) [2021] UGHCLD 140 (1 October 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Miscellaneous Application No. 1819 of 2020

Judge

Nkonge, J

The court found that while there was no clerical or typographical error apparent on the face of the record, the previous order did not fully reflect the court's intention to vest the suit land in the applicant. The omission created ambiguity, as the Commissioner for Land Registration interpreted the order as requiring only cancellation of the respondent's registration, not transfer of title to the applicant. The court exercised its discretion to recall and amend its judgment to ensure that the order gave effect to its true intention. The order was therefore reviewed and replaced with a clear…

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• Review Of Judgment
• Error Apparent On Face Of Record
• Land Title Registration
• Fraudulent Transfer

Farm Input Care Centre Ltd v Klein Karoo Seed Marketing (PTY) Ltd

Farm Input Care Centre Ltd v Klein Karoo Seed Marketing (PTY) Ltd (Civil Miscellaneous Application No. 902 of 2018) [2021] UGCommC 112 (24 September 2021)

Court

Commercial Court of Uganda

Case number

Civil Miscellaneous Application No. 902 of 2018

Judge

Stephen Mubiru, J

The court found that the alleged error on the face of the record was not self-evident but rather involved a drawn-out process of reasoning and examination of the law and facts. The applicant's contention amounted to a challenge on the merits of the decision, which is not a proper ground for review but for appeal. The court held that it had properly considered the material before it, including pleadings and submissions, and that the issue of whether the applicant had instructed counsel timeously was relevant and properly adjudicated. The applicant failed to demonstrate any irregularity or erro…

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• Review Of Court Orders
• Default Judgment
• Leave To Appear And Defend
• Error Apparent On Face Of Record
• Mistake Of Counsel

Mpigi Town Council Vs Kisuule

Mpigi Town Council Vs Kisuule (MISCELLANEOUS APPLICATION NO. 06 OF 2016) [2017] UGHCCD 150 (21 September 2017)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 06 OF 2016

Judge

Musene, J

High Court of Uganda at Mpigi dismissed a review application by Mpigi Town Council, holding there was no error apparent on the face of the record.

• Review Of Judgment
• Error Apparent On Face Of Record
• Local Government Council Resolutions
• General Damages Award
• Review-of-judgment
• Error-apparent-on-the-face-of-the-record

Al-Shafi Investment group LLC v Ahmed Darwish & Anor

Al-Shafi Investment group LLC v Ahmed Darwish & Anor (MISCELLANEOUS APPLICATION NO. 901 OF 2017) [2017] UGHCCD 205 (13 July 2017)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 901 OF 2017

Judge

Bashaija, J

The High Court reviewed its earlier judgment after finding an error on the face of the record about the existence of an Abu Dhabi criminal conviction.

• Review Of Judgment
• Error Apparent On Face Of Record
• Foreign Judgments
• Bounced Cheques
• Bills Of Exchange
• Enforcement Of Foreign Judgments

Bagamuhanda & 2 Ors v Uganda Electricity Board (in liquidation) (Misc Application No. 262 of 2012)

Bagamuhanda & 2 Ors v Uganda Electricity Board (in liquidation) (Misc Application No. 262 of 2012) [2012] UGHC 236 (14 November 2012)

Court

High Court of Uganda

Case number

Misc Application No. 262 of 2012

Judge

Mwangushya, J

The High Court dismissed an application to review a consent order, finding no clear error on the face of the record and awarding costs to the respondent.

• Review Of Court Orders
• Consent Orders
• Error Apparent On Face Of Record
• Review-of-court-orders
• Consent-orders
• Error-apparent-on-face-of-record