Namoda v The New Vision Printing Publishers Corporation (Miscellaneous Application 27 of 1995) [1996] UGHC 66 (18 September 1996)
Court
High Court of Uganda
Case number
Miscellaneous Application 27 of 1995
Judge
Engwau, J
The High Court of Uganda struck out an application to pay a debt by instalments because it was brought by the wrong procedure and no sufficient cause was proved.
Hirani v Kassam (Civil Appeal No. 11 of 1952) [1952] EACA 131 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 11 of 1952
Judge
Mayers J, Nihill P, Worley VP
Where a suit is settled by a compromise recorded under Order 24, rule 6, the resulting consent judgment constitutes a new contract between the parties, which supersedes the original cause of action. The court cannot interfere with the terms of such a compromise except on grounds that would justify varying or rescinding a contract, such as fraud, collusion, or material misapprehension. The mode of payment agreed upon in the consent judgment is an integral part of the contract and cannot be severed or altered by the court absent such grounds. No default in payment was established, as payments m…