Uganda Case Law

Suryakant v Gume

Suryakant v Gume (Civil Suit 98 of 2017) [2022] UGHCCD 293 (16 November 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 98 of 2017

Judge

Bukirwa, J

The court held that the reinstatement of Civil Suit No. 98 of 2017 after abatement was illegal and contrary to Order 17 Rule 5 of the Civil Procedure (Amendment) Rules, 2019. The Deputy Registrar, having ordered abatement, was functus officio and lacked jurisdiction to reinstate the suit. The only remedy available to the plaintiff after abatement is to file a fresh suit, subject to the law of limitation. The application for reinstatement by letter was procedurally improper, as applications must be made by motion and heard in open court. The principle that an illegality overrides all other con…

Source excerpt

• Abatement Of Suit
• Reinstatement Of Abated Suit
• Want Of Prosecution
• Leasehold Property Dispute
• Illegality Of Court Orders

Jesica Davia V Thembo Nyoro Misaki

Jesica Davia V Thembo Nyoro Misaki (Civil Revision No. 0020 of 2009) [2009] UGHC 245 (5 October 2009)

Court

High Court of Uganda

Case number

Civil Revision No. 0020 of 2009

Judge

Owiny-Dollo, J

The High Court set aside an illegal distress-for-rent order, finding it was obtained without a proper case and executed against the wrong tenant.

• Distress For Rent
• Illegality Of Court Orders
• Fraudulent Execution
• Tenant Landlord Disputes
• Distress-for-rent
• Illegal-court-orders