Wakilii

In the matter of An Application under the slip rule to correct the grant over the estate by kaija and Others (Administration Cause 4 of 2011)

High Court · [2024] UGHC 1028 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under the slip rule to correct a clerical error in a grant of letters of administration
Decision
Fresh grant to be issued to the administrators with the corrected name of the deceased

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 jurisdiction to correct clerical errors in grants of letters of administration where the error is evident and does not alter the substance of the decision. The omission of the deceased's surname 'Kaija' from the grant, when all supporting documents correctly reflected the full name 'Yusuf Kalimirrire Kaija', was a clerical error rectifiable under the slip rule. Application granted; fresh grant to be issued with the correct name.

Outcome

Fresh grant to be issued to the administrators with the corrected name of the deceased

Facts

Letters of administration were granted over the estate of the late Yusuf Kalimirrire Kaija on 12 August 2011 to Amina Kaija, Haji Karatunga Ali and Mugenyi Sadique. The petition for letters of administration, the certificate of objection from the Administrator General, and all documents filed in the cause correctly identified the deceased as Yusuf Kalimirrire Kaija. However, the grant issued by Justice Byabakama Mugenyi Simon erroneously recorded the deceased's name as Yusuf Kalimirrire, omitting the surname Kaija. The administrators applied by letter dated 25 September 2024 under section 99 of the Civil Procedure Act to correct this clerical error.

Issues

  1. Whether the court has jurisdiction under the slip rule to correct a clerical error in the deceased's name on the grant of letters of administration.

Orders

  • The Grant of Letters of Administration over the estate of the late Yusuf Kalimirrire Kaija under Administration Cause No. 4 of 2011 to Amina Kaija, Haji Karatunga Ali and Mugenyi Sadique is hereby corrected to the effect that where the name of the deceased appears as Yusuf Kalimirrire the said name shall be reflected as Yusuf Kalimirrire Kaija.
  • A fresh grant shall be issued to the administrators with the correct name of the deceased as Yusuf Kalimirrire Kaija as opposed to Yusuf Kalimirrire as stated in the former grant.
  • No order is made as to costs.

Rules and key headnotes

Civil Procedure — Slip Rule — Scope of Section 99 Civil Procedure Act
Under section 99 of the Civil Procedure Act, the court has inherent jurisdiction to correct clerical or mathematical mistakes in judgments, decrees or orders, or errors arising from accidental slip or omission, either on its own motion or on application by any party, provided the correction does not alter the substance of the decision or confer appellate jurisdiction over its own judgment.
Succession & Estates — Letters of Administration — Correction of Clerical Errors in Grant
Where a grant of letters of administration contains a clerical error in the deceased's name that does not reflect the name consistently recorded in all supporting documents, the error is rectifiable under the slip rule and a fresh grant should be issued with the correct name.
Civil Procedure — Slip Rule — Form of Application
An application under the slip rule to correct a clerical error may be brought by letter to the trial judge where the request seeks to correct an evident error and does not require substantive alteration of the court's decision.

Legislation cited (1)

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 (Supreme Court 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 under the slip rule to correct the grant over the estate by kaija and Others (Administration Cause 4 of 2011) [2024] UGHC 1028 (30 October 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.