Atlas Cargo Systems Ltd v Sky Masters General Contractors Limited (Miscellaneous Application No. 1345 of 2021)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

Held that the application for review was properly brought under section 82 of the Civil Procedure Act and Order 46 Rule 1 of the Civil Procedure Rules on the ground of an error apparent on the face of the record. The court found that the original judgment contained a clear error: it stated the plaintiff had proved USD 28,700 of the claim but failed to award that sum and instead dismissed the entire suit. The applicant was an aggrieved party who had suffered a legal grievance. The court exercised its discretion to allow the review and awarded USD 28,700 to the applicant with costs.

Outcome

Application granted; USD 28,700 awarded to Applicant with costs

Facts

The Applicant brought a review application challenging the judgment in Civil Suit No. 50 of 2020. In the original judgment dated 9 July 2021, Hon. Lady Justice Susan Abinyo found that the Plaintiff had proved USD 28,700 out of a total claim of USD 41,573.21, yet dismissed the entire suit without awarding the proved sum. The Applicant contended this constituted an error apparent on the face of the record and sought review to correct the judgment and obtain an award of the proved amount.

Issues

1. Whether this application meets the criteria for review.
2. What remedies are available.

Orders

• Application for review allowed.
• The sum of USD 28,700 is awarded to the Applicant in Civil Suit No. 50 of 2020.
• The Applicant is awarded costs of this application and in the main suit.

Rules and key headnotes

Legislation cited (7)

• Civil Procedure Act Cap 71 s.82
• Civil Procedure Act Cap 71 s.27(2)
• Civil Procedure Rules SI 71-1 Order 46 Rule 1
• Civil Procedure Rules SI 71-1 Order 46 Rule 2
• Civil Procedure Rules SI 71-1 Order 46 Rule 8
• Civil Procedure Rules SI 71-1 Order 15 Rule 3
• Judicature Act Cap 13 s.33

Cases cited (8)

• FX Mubuuke v UEB (Miscellaneous Application No. 98 of 2005)
• Re Nakivubo Chemists (U) Ltd (1979) H.C.B 12
• Mohamed Allibhai v W.E Bukenya Mukasa & Departed Asians Property Custodian Board (SCCA No. 56 of 1996)
• Edison Kanyabwera v Pastori Tumwebaze (SCCA No. 6 of 2004)
• Independent Medico Legal Unit Vs Attorney General of The Republic of Kenya Application No. 2 of 2012 (arising from Appeal No. 1 of 2011) EACJ (Appellate Division) 24 at 25
• Abdulla Jaffer Dewji Vs Ali Raza Mohamedali Sheriff Dewji [1958]1 E.A 558 at 562
• Patel Vs E.A Cargo Handling Services Ltd [1947] E.A 75 at 76-77
• Uganda Development Bank Vs Muganga Construction Co. Ltd (1981) H.C.B 35

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