Wakilii

Attorney General V Lt. Col. Levy Vincent Mugenyi & 51 Others (MISC. APPLICATION NO. 62 OF 2018)

High Court · [2018] UGHCCD 139 · 2018 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of consent judgment four years after decree entered
Decision
Application for review dismissed with costs to the respondents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the Attorney General's application to review a four-year-old consent judgment awarding transport allowances to retired army officers. Held that the applicant failed to demonstrate discovery of new evidence, error apparent on the record, or any other sufficient cause. The application coming four years after a consent judgment made the applicant's intentions suspect.

Outcome

Application for review dismissed with costs to the respondents

Facts

The respondents, retired army officers, instituted Civil Suit No. 285 of 2010 against the Attorney General seeking payment in lieu of annual leave, transport allowance, and accumulated leave not taken upon retirement. On 14 April 2014, the court entered judgment on admission by consent of the parties, granting transport allowances among other reliefs. Four years later, the Attorney General applied to review the consent judgment, arguing that the award of transport allowances in lieu of untaken leave was contrary to law and earlier court decisions. The respondents opposed, asserting they were entitled to payment under the Uganda People's Defence Forces Act 2005 and that the applicant was estopped from bringing the application.

Issues

  1. Whether the court should review its earlier consent judgment awarding transport allowances to retired army officers in lieu of untaken annual leave.
  2. Whether the applicant established any of the statutory grounds for review under section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules.

Orders

  • Application dismissed.
  • Costs awarded to the Respondents.

Rules and key headnotes

Civil Procedure — Review of Judgment — Statutory Grounds — Right of Review as Creature of Statute
The right of review, like the right of appeal, is a creature of statute and must be expressly given by statute.
Civil Procedure — Review of Judgment — Grounds for Review — Discovery of New Evidence, Error Apparent, or Sufficient Cause
An applicant seeking review of a decree or order must prove discovery of new and important facts, an error apparent on the face of the record, or any other sufficient cause.
Civil Procedure — Review of Judgment — Consent Decrees — Delay and Suspect Intentions
Where an applicant seeks review of a consent judgment four years after the decree was entered without demonstrating new evidence or due diligence, and the judgment was based on terms the applicant consented to, the applicant's intentions are suspect and the application will be dismissed.

Legislation cited (6)

Cases cited (2)

  • FX Mubwike v UEB (Misc. Application No. 98 of 2005)
  • Meera Investments Ltd v Andreas Wipfler T/A Wipfler Designers & Co. Ltd (HCMA No. 163 of 2009)

Full judgment

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

Attorney General V Lt. Col. Levy Vincent Mugenyi & 51 Others (MISC. APPLICATION NO. 62 OF 2018) [2018] UGHCCD 139 (22 June 2018)
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.