Wakilii

In the matter of An Application for an amendment of a clerical mistake in grant of letters of administration by Kakuliremu nyakuhwana (Miscellaneous Application 21 of 2024)

High Court · [2024] UGHC 1128 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to amend clerical error in grant of letters of administration under the slip rule
Decision
Grant of letters of administration amended to include applicant's name as administratrix

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that under section 99 of the Civil Procedure Act, the court has power under the slip rule to correct clerical mistakes in grants, judgments, decrees or orders arising from accidental slip or omission. The omission of the applicant's name from the grant when she was named as applicant in all documents filed for the grant was a clerical error that could be corrected without altering the substance of the grant.

Outcome

Grant of letters of administration amended to include applicant's name as administratrix

Facts

The applicant, Beatrice Kakuliremu Nyakuhwana, was the widow of the late Andrew Nyakuhwana. She applied for and obtained a grant of letters of administration over his estate in Probate and Administration Cause No. DR. MFP 28 of 1986, issued on 12 July 1995 by Justice J.P.M Tabaro. Although she was named as the applicant in the notice of application and petition, her name was accidentally omitted from the grant itself and she was not indicated as the administrator. The Registrar of Titles queried the grant on account of the omission to mention the administrators. The applicant therefore sought an amendment of the grant to include her name as administratrix.

Issues

  1. Whether the court had power under the slip rule to amend the grant of letters of administration to include the applicant's name as administratrix where her name was accidentally omitted from the original grant.

Orders

  • An amended grant of letter of administration over the estate of the late Andrew K. Nyakuhwana in Probate and Administration Cause No. DR. MFP 28 of 1986 is granted to the applicant with her name (Beatrice Kakuliremu Nyakuhwana) indicated therein as the Administratrix of the estate of the late Andrew K Nyakuhwana.
  • No order as to costs.

Rules and key headnotes

Succession & Estates — Letters of Administration — Amendment of Grant — Clerical Error
Under section 99 of the Civil Procedure Act, a court has power to correct clerical or mathematical mistakes in grants of letters of administration arising from accidental slip or omission, either on its own motion or on application by a party.
Civil Procedure — Slip Rule — Scope and Limits
The slip rule permits correction of errors apparent on the face of a judgment, ruling, order or grant that are so obvious their correction cannot generate controversy and are of such nature that their correction would not change the substance of the decision or alter the clear intention of the court. The slip rule does not confer jurisdiction to sit on appeal over a court's own judgment or to extensively review it so as to substantially alter it.
Succession & Estates — Letters of Administration — Omission of Applicant's Name — Clerical Error
Where an applicant for letters of administration is named in all documents filed for the grant including the notice of application and petition, but her name is accidentally omitted from the grant itself, the omission constitutes a clerical error correctable under the slip rule without altering the substance of the grant.

Legislation cited (5)

Cases cited (3)

  • Monica Wangu Wamwere & 5 Others v Attorney General (Supreme Court Petition No. 26 of 2019)
  • Uganda Development Bank Ltd v Oil Sees (U) Ltd (Miscellaneous Application No. 15 of 1997)
  • Fredrick Otieno Outa v Jared Odoyo Okello & 3 Others (SC Petition No. 6 of 2014)

Full judgment

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

In the matter of An Application for an amendment of a clerical mistake in grant of letters of administration by Kakuliremu nyakuhwana (Miscellaneous Application 21 of 2024) [2024] UGHC 1128 (11 December 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.