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Civil Procedure [2021] UGHCLD 66

Natunga Sarah v Erivania and Anor

Natunga Sarah v Erivania and Anor (Miscellaneous Cause No. 64 of 2020) [2021] UGHCLD 66 (21 January 2021)

The applicant, as the registered proprietor of plot 2341 block 107, was not made a party to HCCS No.510 of 2012, yet the judgment affected her proprietary interests. This omission constitutes a mistake apparent on the face of the record and a violation of her constitutional right to a fair hearing. The applicant qualifies as an aggrieved party and is entitled to a review of the judgment only insofar as it affects her rights in plot 2341 block 107. The remainder of the judgment stands unaffected. The applicant is awarded half of the taxed costs of the application, to be paid by the respondents.

  • Review Of Judgment
  • Aggrieved Party Status
  • Right To Fair Hearing
  • Registered Proprietor Land
  • Mistake Apparent On Record
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Civil Procedure [2008] UGCommC 56

Hamza Motors (U) Ltd v Damanico Ltd (High Court Miscellaneous Application No. 602 of 2008)

Hamza Motors (U) Ltd v Damanico Ltd (High Court Miscellaneous Application No. 602 of 2008) [2008] UGCommC 56 (26 November 2008)

The court found that the ex-parte order of 21st October 2008 was made in error, as the respondent had already received rent from Tadashi (U) Ltd for the period in question, and requiring the applicant to pay US$10,000 per month would result in unjust enrichment. The confusion over the listing of two applications provided sufficient reason for the applicant's absence and justified the review. The affidavit and submissions presented by the respondent misled the court into making the erroneous order. The court distinguished the cited cases, noting that the present matter involved a clear mistake…

  • Review Of Court Orders
  • Mistake Apparent On Record
  • Unjust Enrichment
  • Sublease Disputes
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