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

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

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.

Outcome

Application granted; the impugned condition deleted from the earlier judgment by way of review

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.

Rules and key headnotes

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• In Re Tumwebaze (an Infant) (Family Cause No. 327 of 2013)

The original judgment as reported. Read the original PDF before relying on any passage.