Wakilii

In the matter of An Application for an amendment of a clerical mistake in grant of letters of administration by Kakuliremu nyakuhwana (Miscellaneous A(2)

High Court · [2024] UGHC 574 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 issued in 1995
Decision
Application granted; amended grant of letters of administration issued to include applicant's name as administratrix

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that it has inherent jurisdiction under section 99 of the Civil Procedure Act (the slip rule) to correct clerical errors in grants of letters of administration where the omission was accidental and does not alter the substance of the grant. The applicant's name was ordered to be included in the amended grant as administratrix.

Outcome

Application granted; amended grant of letters of administration issued to include applicant's name as administratrix

Facts

Beatrice Kakuliremu Nyakuhwana was the widow of the late Andrew Nyakahwana. 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. The grant was issued by Justice J.P.M Tabaro on 12 July 1995. However, the applicant's name was accidentally omitted from the grant itself, despite appearing in all the application documents as the applicant/petitioner. The Registrar of Titles subsequently queried the grant due to the omission of the administrator's name. The applicant filed the current application seeking to correct this clerical error by amending the grant to include her name as administratrix.

Issues

  1. Whether the court has power under the slip rule to amend a grant of letters of administration to include the name of the applicant that was omitted due to clerical error.

Orders

  • An amended grant of letters 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 orders as to costs.

Rules and key headnotes

Civil Procedure — Slip Rule — Correction of Clerical Errors in Court Orders
Under section 99 of the Civil Procedure Act, the court has power to correct clerical or mathematical mistakes in judgments, decrees or orders, or errors arising from any accidental slip or omission, either on its own motion or on application by a party.
Civil Procedure — Slip Rule — Limits on Court's Power to Correct
The slip rule permits correction of errors that are apparent on the face of the judgment or order and so obvious that their correction cannot generate controversy. The court cannot use the slip rule to sit on appeal over its own judgment or to substantially alter the judgment in a manner that changes its substance or the clear intention of the court.
Succession & Estates — Grants of Administration — Amendment of Clerical Errors
Where an applicant's name was omitted from a grant of letters of administration due to clerical error, despite appearing in all application documents, the court may amend the grant under the slip rule to include the applicant's name 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 A(2)
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.