Uganda Case Law

Walusimbi v Nakalanzi and 4 Others

Walusimbi v Nakalanzi and 4 Others (Miscellaneous Application 386 of 2018) [2019] UGCA 2090 (30 July 2019)

Court

Court of Appeal of Uganda

Case number

Miscellaneous Application 386 of 2018

Judge

Kakuru, JA, Musota, JA, Madrama Izama, JA

The Court of Appeal held that its inherent power under Rule 2(2) of the Rules of the Court extends only to setting aside judgments that have been proved null and void after they have been passed. In this case, the applicant failed to strictly prove fraud in the procurement of the judgment, as the alleged forgery of the sale agreement was not established by admissible evidence. The court distinguished the cited Supreme Court authority, noting that the fraud alleged was not directly related to the judgment itself but to material facts involving deceased persons, and that such fraud cannot be pr…

Source excerpt

• Setting Aside Judgment
• Fresh Evidence
• Res Judicata
• Fraud In Land Transactions

Yahaya Walusimbi V Justine Nakalanzi & 4 Others (Misc. Application No. 386 of 2018)

Yahaya Walusimbi V Justine Nakalanzi & 4 Others (Misc. Application No. 386 of 2018) [2019] UGCA 237 (30 July 2019)

Court

Court of Appeal of Uganda

Case number

Misc. Application No. 386 of 2018

Judge

Kakuru, JA, Madrama, JA, Musota, JA

The Court of Appeal declined to set aside its earlier judgment, holding that alleged fraud was not strictly proved and that new evidence alone was insufficient.

• Setting Aside Judgment
• Fraud On Court
• Fresh Evidence
• Res Judicata
• Land Ownership Disputes
• Setting-aside-judgment

Walusimbi Vs Nakalanzi & 4 Ors (Misc. Application No. 386 of 2018)

Walusimbi Vs Nakalanzi & 4 Ors (Misc. Application No. 386 of 2018) [2019] UGCA 337 (30 July 2019)

Court

Court of Appeal of Uganda

Case number

Misc. Application No. 386 of 2018

The Court of Appeal refused to set aside its 2004 judgment, holding that alleged fraud was not strictly proved and new evidence alone was insufficient.

• Setting Aside Judgment
• Fraud On The Court
• Fresh Evidence
• Res Judicata
• Land Ownership Disputes
• Setting-aside-judgment