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22 Dec 2023

Civil Procedure [2023] UGCommC 276

Mulungi v Don Uganda Limited & 2 Others

Mulungi v Don Uganda Limited & 2 Others (Miscellaneous Application 3038 of 2023) [2023] UGCommC 276 (22 December 2023)

Court: Commercial Court of Uganda
Case number: Miscellaneous Application 3038 of 2023
Judge: Cornelia Kakooza Sabiiti, J

The court found that the Assistant Registrar's recall of the first administrative order on 1st December 2023, which changed the status quo without hearing both parties, constituted an error apparent on the face of the record and violated principles of natural justice. The applicant was deemed an aggrieved party with locus standi due to her interests as shareholder, director, and spouse affected by the impugned actions. While the correction of the phrasing regarding the 30% deposit in the Amended Ruling of 11th December 2023 was a permissible clerical amendment under Section 99 of the Civil Pr…

Source excerpt

Review Of Interim Orders
Receivership Procedure
Status Quo Preservation
Jurisdiction Of Registrar
Errors Apparent On Record

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23 Oct 2019

Civil Procedure [2019] UGCA 356

Uganda Bankers Credit & Saving Society Vs Nansubuga & 2 Ors

Uganda Bankers Credit & Saving Society Vs Nansubuga & 2 Ors (Civil Application No. 247 of 2018) [2019] UGCA 356 (23 October 2019)

Court: Court of Appeal of Uganda
Case number: Civil Application No. 247 of 2018
Judge: Owiny-Dollo, DCJ, Egonda-Ntende, JA, Tuhaise, JA

The Court of Appeal held that it lacked jurisdiction to entertain the application for review of the interim order issued by a single justice in a pending application. The court reasoned that the applicant, though claiming an equitable interest in the suit land, was not a party to the original proceedings and had not sought to be joined. The proper procedure for review of an interim order issued by a single justice is to apply before the same justice, with a right of reference to a full bench only upon dissatisfaction with that decision. The court further held that the applicant's attempt to e…