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Bitamale v Kamihingo & Another (Miscellaneous Application 240 of 2023)

High Court · [2024] UGHC 308 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to review and set aside consent order arising from Miscellaneous Cause No. 103 of 2022
Decision
Consent order reviewed and set aside

Observed later treatment

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Holding

Held that a registered proprietor affected by a consent order concerning their land has locus standi to apply for review as an aggrieved party under section 82 of the Civil Procedure Act, even though not a party to the application that produced the consent order. A consent order obtained in disregard of a prior court direction to file a civil suit to determine substantive issues amounts to an agreement contrary to the policy of the court and constitutes abuse of process, warranting review and setting aside of the consent order.

Outcome

Consent order reviewed and set aside

Facts

The Applicant is the registered proprietor of land in Mawogola Block 46 Plot 12, Sembabule District. In MA No. 22 of 2012, a vesting order was granted to the 1st Respondent regarding this land without the Applicant being a party. The Applicant challenged this vesting order through MA No. 158 of 2019. The court found error on the face of the record and directed the parties to file a civil suit to determine substantive issues. The 1st Respondent filed Civil Suit No. 4 of 2020 as directed. However, the 1st Respondent subsequently filed MA No. 103 of 2022 with the 2nd Respondent (Commissioner Land Registration) without involving the Applicant, seeking to enforce the vesting order. A consent order was entered in MA No. 103 of 2022 directing the Commissioner to vest the land in the 1st Respondent. The Applicant then applied to review and set aside this consent order, arguing it was obtained fraudulently and contrary to the court's earlier direction.

Issues

  1. Whether the Applicant has locus standi as an aggrieved party to bring an application for review of a consent order to which she was not a party.
  2. Whether the Applicant has proved sufficient grounds for the grant of review of the consent order.

Orders

  • Application allowed.
  • The Consent Order resulting from the consent judgment in Miscellaneous Application No. 103 of 2022 dated the 2nd day of November 2023 is hereby reviewed and set aside.
  • Costs of the application are awarded to the Applicant.

Rules and key headnotes

Civil Procedure — Review — Locus Standi — Aggrieved Party — Third Party Not Party to Original Proceedings
A registered proprietor of land who was not a party to proceedings resulting in a consent order affecting their land has locus standi to apply for review as an aggrieved party under section 82 of the Civil Procedure Act where implementation of the consent order would deprive them of their interest unheard.
Civil Procedure — Review — Consent Orders — Grounds for Setting Aside
A consent judgment may be set aside for fraud, collusion, or any reason that would enable the court to set aside an agreement, including where consent was given without sufficient material facts, in misapprehension or ignorance of material facts, or where the agreement is contrary to the policy of the court.
Civil Procedure — Abuse of Process — Obtaining Order Contrary to Prior Court Direction
Where a court has directed parties to file a civil suit to determine substantive issues, filing an application to enforce an earlier order without involving affected parties and in disregard of the court's direction amounts to abuse of court process and bad faith, warranting review and setting aside of any resulting consent order.
Civil Procedure — Review — Agreement Contrary to Court Policy
A consent order obtained through proceedings filed contrary to an earlier direction of the court amounts to an agreement reached contrary to the policy of the court and constitutes sufficient reason for review and setting aside of the consent order.

Legislation cited (5)

Cases cited (7)

  • Attorney General & Another v James Mark Kamoga & Another (Supreme Court Civil Appeal No. 8 of 2004)
  • Associated Drivers and Operators Institute for Taxi And Travelers Agencies v UTODA & Another (High Court Miscellaneous Application No. 451 of 1998)
  • Mohamed Alibhai v W.E. Bukenya Mukasa & Another (Civil Appeal No. [number unclear] of 1996)
  • Re Nakivubo Chemists (U) Ltd and In the matter of the Companies Act (1979) HCB 12
  • Yusuf v Nokrah (1971) EA 104
  • Hirani v Kassam (1952) 19 EACA, 131
  • Fredrick Zaabwe v Orient Bank & Others (Supreme Court Civil Appeal No. 04 of 2006)

Full judgment

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Bitamale v Kamihingo & Another (Miscellaneous Application 240 of 2023) [2024] UGHC 308 (15 February 2024)
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.