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Civil Procedure [2024] UGHC 883

Mugema and Another v Mugisa and Another (Revision Application 2 of 2021)

Mugema and Another v Mugisa and Another (Revision Application 2 of 2021) [2024] UGHC 883 (23 August 2024)

Court
High Court of Uganda
Case number
Revision Application 2 of 2021
Judge
Byaruhanga Rugyema, J

The Chief Magistrate acted with material irregularity and injustice by condemning the applicants to pay costs in an appeal that was dismissed as incompetent, especially since the applicants were not parties to the original suit in the lower L.C. III Court. The award of costs was improper and occasioned a miscarriage of justice. The High Court, exercising its revisionary jurisdiction under Section 83 CPA, set aside the order for costs and substituted it with an order that each party bears its own costs, as neither party should be condemned for errors committed by the court itself.

Source excerpt

  • Revisionary Jurisdiction
  • Costs Award
  • Party Status
  • Customary Land Disputes
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Civil Procedure [2023] UGHCCD 326

Pan Afric Impex (U) Limited v Okori

Pan Afric Impex (U) Limited v Okori (Miscellaneous Application 3 of 2020) [2023] UGHCCD 326 (6 October 2023)

Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application 3 of 2020
Judge
Byaruhanga Rugyema, J

The court found that the respondent, Okori Alex, was not a party to the earlier suit (HCCS No. 36/2017) nor a beneficiary of the consent judgment entered therein. The pleadings in HCCS No. 36/2017 did not refer to the respondent as a passenger or beneficiary, nor was there evidence that the suit was brought in a representative capacity for injured passengers. The consent judgment settled claims between Good Luck Services (U) Ltd and the defendants in that suit, but did not extend to the respondent's individual claim. Therefore, the doctrine of res judicata does not apply, as the parties and c…

Source excerpt

  • Res Judicata
  • Preliminary Objection
  • Consent Judgment
  • Party Status
  • Cause Of Action
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Administrative Law [1950] EACA 111

Nairobi Municipal Council v Din and Another

Nairobi Municipal Council v Din and Another (Criminal Revision Case No. 61 of 1950) [1950] EACA 111 (1 January 1950)

Court
East African Court of Appeal
Case number
Criminal Revision Case No. 61 of 1950
Judges
Connell, Ag.J

The court held that while any person may draw the court's attention to an illegal or ultra vires order, the tenants in this case were not parties to the original proceedings and were merely served with the Magistrate's order as required by statute. The application did not attack the legality or reasonableness of the Magistrate's order, which was found to be reasonable and in line with precedent. The court expressed doubt as to whether tenants had locus standi to seek revision but did not decide the point, instead holding that even if jurisdiction existed, there was no basis to interfere with…

Source excerpt

  • Public Health Orders
  • Demolition Orders
  • Revision Jurisdiction
  • Party Status
  • Costs In Revision
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.