Wakilii

Attorney General v Mugenyi & 51 Others (MISCELLANEOUS APPLICATION NO. 62 OF 2018)

High Court · [2018] UGHCCD 148 · 2018 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of a consent judgment on admission
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 application for review of a consent judgment on admission. The Attorney General failed to demonstrate discovery of new and important evidence not previously within his knowledge, or any error apparent on the face of the record. Coming four years after a judgment based on terms consented to by both parties, the application did not meet the statutory requirements for review.

Outcome

Application for review dismissed with costs to the Respondents

Facts

The Respondents, former army personnel, 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 both parties, granting transport allowances and other orders. Four years later, the Attorney General applied for review, arguing that the award of transport allowances in lieu of untaken leave was a glaring error contrary to applicable law and earlier court decisions. The Respondents opposed, arguing there was no error, the Applicant was estopped, and they were entitled to the payments under the Uganda People's Defence Forces Act 2005.

Issues

  1. Whether the Attorney General established grounds for review of the consent judgment on admission under section 82 of the Civil Procedure Act and Order 46 rule 1 of the Civil Procedure Rules.
  2. Whether an error in awarding transport allowance to the Respondents constituted an error apparent on the face of the record sufficient to warrant review.

Orders

  • Application for review dismissed.
  • Costs awarded to the Respondents.

Rules and key headnotes

Civil Procedure — Review of Judgments — Statutory Grounds
The right of review is a creature of statute and must be expressly given by statute. An applicant for review must prove discovery of new and important facts, an error apparent on the face of the record, or any other sufficient cause under section 82 of the Civil Procedure Act and Order 46 rule 1 of the Civil Procedure Rules.
Civil Procedure — Review of Consent Judgments — Estoppel and Delay
Where a party seeks review of a consent judgment four years after its entry, having failed to demonstrate new evidence not previously within its knowledge or error apparent on the record, the application will be dismissed as the party's intentions are suspect and the statutory grounds for review are not satisfied.

Legislation cited (6)

Cases cited (2)

  • FX Mubwike v UEB (Miscellaneous Application No. 98 of 2005)
  • Meera Investments Ltd v Andreas Wipfler T/A Wipfler Designers & Co. Ltd (Miscellaneous Application 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 Mugenyi & 51 Others (MISCELLANEOUS APPLICATION NO. 62 OF 2018) [2018] UGHCCD 148 (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.