Uganda Case Law

Kizito Kanonya & 7 Ors v Kazito

Kizito Kanonya & 7 Ors v Kazito [2020] UGSC 32 (7 October 2020)

Court

Supreme Court of Uganda

Judge

Arach-Amoko, JSC, Katureebe, CJ, Mwangusya, JSC, Tumwesigye, JSC, Mwondha, JSC

The Supreme Court found that its original award of UGX 100,000,000 in general damages to the respondent was based on an error apparent on the face of the record, specifically the incorrect assumption that the respondent was dispossessed of her share in the Muyenga property for 17 years. The evidence established that the actual period of dispossession was 12 years, as the respondent was in possession from 2012 to 2017. The Court held that rectifying this error was necessary to give effect to its intention in the judgment. Applying the slip rule under Rule 35 and its inherent powers under Rule…

Source excerpt

• Slip Rule Application
• General Damages Quantum
• Error Apparent On Record
• Breach Of Contract
• Title Reinstatement

Kwizera v Attorney General

Kwizera v Attorney General (Constitutional Appeal 1 of 2008) [2017] UGSC 3 (14 February 2017)

Court

Supreme Court of Uganda

Case number

Constitutional Appeal 1 of 2008

Judge

Mwangusya, JSC, Arach-Amoko, JSC, Mwondha, JSC, Katureebe, CJ, Tumwesigye, JSC

The Supreme Court held that the slip rule under Rule 36 of the Court of Appeal Rules is limited to correcting clerical or accidental errors and cannot be used to alter deliberate judicial decisions, such as the exercise of discretion in awarding costs. The Constitutional Court's decision to order each party to bear its own costs was a conscious exercise of discretion under Section 27 of the Civil Procedure Act, based on the partial success of the appellant. The appellant failed to demonstrate any clerical error or omission that would justify application of the slip rule. Furthermore, the majo…

Source excerpt

• Costs Award Discretion
• Slip Rule Application
• Public Interest Litigation
• Constitutional Petition Procedure

Muhenda v Mirembe

Muhenda v Mirembe [2014] UGSC 8 (15 May 2014)

Court

Supreme Court of Uganda

The Supreme Court of Uganda dismissed an application to recall or amend its judgment, holding that the slip rule could not be used for substantive review and that the claim was delayed.

• Slip Rule Application
• Execution Of Judgments
• Boundary Disputes
• Objector Proceedings
• Delay In Filing
• Estate Property Rights

Non Performing Assets Recovery Trust v General Parts (U) Ltd

Non Performing Assets Recovery Trust v General Parts (U) Ltd (Miscellaneous Application 8 of 2000) [2000] UGSC 21 (18 October 2000)

Court

Supreme Court of Uganda

Case number

Miscellaneous Application 8 of 2000

Judge

Oder, JSC

The Supreme Court of Uganda dismissed an application to recall and correct its prior judgment, holding the alleged mortgage-sealing error was not a slip warranting correction.

• Slip Rule Application
• Mortgage Execution
• Admission Of Additional Evidence
• Inherent Powers Of Court
• Res Judicata Effect
• Costs Award

Roko Construction Company v Uganda Cooperative Transport Union

Roko Construction Company v Uganda Cooperative Transport Union (Civil Application 32 of 1997) [1998] UGSC 32 (26 March 1998)

Court

Supreme Court of Uganda

Case number

Civil Application 32 of 1997

Judge

Wambuzi, CJ, Tsekooko, JSC, Karokora, JSC

The Supreme Court of Uganda held that its costs order was deliberate, not a slip, and dismissed the application to correct it with costs.

• Costs Award
• Discretion Of Court
• Retrial Orders
• Slip Rule Application
• Civil-procedure
• Costs