Wakilii

Alitubeera and Masaba v Andrew Daniel Ribbens and Others (Civil Application No. 38 of 2012)

Court of Appeal · [2012] UGCA 61 · 2012 Application Granted ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application to review the court's judgment arising out of Civil Appeals concerning a guardianship order
Decision
Application granted; the impugned condition deleted from the earlier judgment by way of review

The full judgment

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Holding

The court, on application, reviewed its earlier judgment in the guardianship matter and deleted condition 1(c) (referred to also as 1(e)) on the basis that doing so was necessary to fully give effect to its intention as expressed in that judgment. The application was granted.

Facts

The applicants, Andrew Daniel Ribbens, Sara Anne Marie Shepard Ribbens, Matthew John Zimmermann and Audrey Finlane Green Zimmermann, had sought a guardianship order in respect of two children, Deborah Joyce Alitubeera and Richard Masaba. Following the court's judgment arising out of Civil Appeals No. 70 and 81 of 2011, the applicants brought this application seeking a review of the judgment to delete a condition imposed therein. The court considered that its expressed intention in the judgment could only be fully given effect by reviewing it and deleting the impugned condition.

Issues

  1. Whether the court's judgment should be reviewed to give full effect to its expressed intention by deleting a particular condition.

Orders

  • The application is granted.
  • Condition 1(c) is deleted as prayed.

Key headnotes

Civil Procedure — Review of Judgment — Deletion of Condition to Give Effect to Court's Intention
A court may review its own judgment and delete a condition where doing so is necessary to give full effect to the intention expressed in that judgment.
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.