Atukundire v Banyenzaki and Another (Miscellaneous Application 377 of 2023)

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

The court dismissed the application for review of a costs order. Held that an applicant seeking review must prove legal grievance under section 101 of the Evidence Act. The applicant failed to attach the order sought to be reviewed, the taxed bill of costs, or the notice to show cause referenced in her affidavit, making it impossible for the court to evaluate whether she suffered a legal grievance. Without the necessary documentation, the applicant did not discharge her evidential burden.

Outcome

Application for review dismissed for failure to prove legal grievance

Facts

The applicant filed an application for review of a costs order made in Civil Suit 008 of 2020. She sought to have the costs order reviewed and set aside. The applicant claimed the original case had abated, that the taxation of the bill of costs was done without her participation, and that there was a discrepancy between the taxed bill (UGX 6,467,800) and the notice to show cause (UGX 7,695,800). The first respondent filed an affidavit in reply. The second respondent did not respond despite being served. The applicant neither attached the order she sought to review, nor the taxed bill of costs, nor the notice to show cause referenced in her affidavit.

Issues

1. Whether the applicant discharged the burden of proving that she suffered a legal grievance entitling her to a review.
2. Whether the applicant provided sufficient evidence to support her application for review of the costs order.

Orders

• Application dismissed.
• No order as to costs.

Rules and key headnotes

Legislation cited (7)

• Constitution of Uganda Article 126
• Civil Procedure Act s.82
• Evidence Act s.101
• Judicature Act s.33
• Civil Procedure Rules Order 46 Rule 1
• Civil Procedure Rules Order 52 Rule 1
• Civil Procedure Rules Order 52 Rule 3

Cases cited (2)

• Luitingh Lafras and Another v Special Services Limited (Miscellaneous Application No. 572 of 2020)
• Mohamed Allibhai v W.E Bukenya Mukasa and Departed Asians Property Custodian Board (Civil Appeal No. 56 of 1996)

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