Wakilii

Attorney General v Turyamureeba (Civil Suit 436 of 1989)

High Court · [1991] UGHC 25 · 1991 Application Granted — Judgment Set Aside AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by judgment debtor to review judgment under Order 42 Rules 1 and 6 of the Civil Procedure Rules and Section 83 of the Civil Procedure Act
Decision
Judgment and decree of 4 September 1990 set aside; matter to be reheard

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the judgment in Civil Suit No. 436 of 1989 was obtained by fraud and set it aside. The respondent had abandoned an earlier suit (HCCS No. 488 of 1988) concerning the same vehicle, in which judgment had been given against him, and instead instituted a fresh suit against the Attorney General over the same matter. The court found that the respondent had misrepresented the position by failing to disclose the prior judgment, and that leaving both judgments to stand would be contrary to justice.

Outcome

Judgment and decree of 4 September 1990 set aside; matter to be reheard

Facts

The respondent had obtained an exparte judgment in Civil Suit No. 436 of 1989 on 4 September 1990 concerning ownership of a motor vehicle registration number UXB 111. The applicant (Attorney General) subsequently discovered that an earlier suit, Civil Suit No. 488 of 1988, had been filed by the Bank of Uganda against the respondent concerning the same vehicle, in which judgment had been given on 10 August 1989 declaring that ownership lay with the Bank of Uganda. The applicant had been unaware of this earlier judgment when the suit was heard exparte in April 1990, as the State Attorney had been attending another hearing. The Bank of Uganda wrote to the Attorney General on 14 November 1990 expressing surprise at the second judgment. The respondent claimed the two suits concerned different vehicles and that he had been unaware of the progress of the earlier suit because his lawyers had been evicted from their premises. However, the court found evidence that the respondent's new lawyers had written to court in June and August 1989 regarding the earlier suit, and that the respondent had filed Civil Suit No. 436 of 1989 in June 1989, even as the earlier suit was proceeding.

Issues

  1. Whether the court had jurisdiction to review its earlier judgment and decree passed on 4 September 1990.
  2. Whether the judgment in Civil Suit No. 436 of 1989 was obtained by fraud.
  3. Whether the discovery of an earlier conflicting judgment in Civil Suit No. 488 of 1988 constitutes new and important matter justifying review under Order 42 Rule 1 and Section 83 of the Civil Procedure Act.
  4. Whether the matter in Civil Suit No. 436 of 1989 was res judicata in light of the earlier judgment in Civil Suit No. 488 of 1988.

Orders

  • Application allowed.
  • Judgment dated 4 September 1990 and the consequential decree and other orders set aside.
  • A new trial of the suit ordered.
  • Defendant (Attorney General) to be served with a hearing notice for purposes of rehearing the suit.
  • Each party to bear own costs of the application.

Rules and key headnotes

Civil Procedure — Review of Judgment — Discovery of New and Important Matter — Fraud
A court has jurisdiction to review its own judgment where it is discovered that the judgment was obtained by fraud, such as where a party obtained judgment by misrepresenting material facts or by telling half truths.
Civil Procedure — Review of Judgment — Order 42 Rule 1 and Section 83 of Civil Procedure Act
Under Order 42 Rule 1 and Section 83 of the Civil Procedure Act, a judgment may be reviewed where there is discovery of new and important matter which, after the exercise of due diligence, was not within the knowledge of the applicant at the time the decree was passed.
Civil Procedure — Fraud — Abandonment of Earlier Suit and Institution of Fresh Suit on Same Subject Matter
Where a party casually abandons a suit in which judgment has been given against him and instead institutes a fresh suit against a different defendant concerning the same subject matter without disclosing the earlier judgment, such conduct amounts to fraud justifying setting aside the subsequent judgment.
Civil Procedure — Res Judicata — Application of Section 7 of Civil Procedure Act
Section 7 of the Civil Procedure Act, which bars a suit where the matter has been directly and substantially in issue in a former suit between the same parties, does not apply where the parties in the two suits are different, even if the subject matter is the same.
Civil Procedure — Inherent Powers of Court — Public Policy and Interests of Justice
A court may exercise its inherent powers to set aside a judgment on grounds of public policy and interests of justice where two antagonistic judgments exist, as leaving both to stand would render judicial procedures a laughing stock and be contrary to justice.

Legislation cited (5)

Cases cited (8)

  • Patel v Laraji Makanji [1967] EA 314
  • Kessowji Issur Vs. GIP Railway 31 Bombay 531
  • Kaggwa v U.T.C. [1967] EA 174
  • B.E.A. Timber Co. v Inder Singh Gill [1959] EA 467
  • Kamunye & Others v The Pioneer General Assurance Society Ltd [1971] EA 263
  • Abdul v Home And Overseas Insurance Co. [1971] EA 564
  • Ndawula v Mubiru [1976] HCB 102
  • Brooke Bond Liebig (T) Ltd v Mallya [1975] EA 265

Full judgment

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Attorney General v Turyamureeba (Civil Suit 436 of 1989) [1991] UGHC 25 (16 May 1991)
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.