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 478 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under the slip rule to correct clerical error in grant of letters of administration
Decision
Application granted; fresh grant to be issued with corrected name of deceased

Observed later treatment

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Holding

Held that the slip rule under s.99 of the Civil Procedure Act permits correction of clerical errors in grants of letters of administration where the error is obvious and does not alter the substance of the court's decision. Where the deceased's name was omitted from the grant but appeared correctly in all supporting documents, the omission constituted a rectifiable clerical error.

Outcome

Application granted; fresh grant to be issued with corrected name of deceased

Facts

The deceased Yusuf Kalimirrire Kaija was a resident of Kangoma Village, Kibiito Sub County, Kabarole District. In the petition for letters of administration with a will annexed, the certificate of no objection from the Administrator General dated 8 February 2011, and all documents filed in Administration Cause No. 0004 of 2011, the deceased's name was correctly stated as Yusuf Kalimirrire Kaija. However, when Justice Byabakama Mugenyi Simon issued the grant of letters of administration on 12 August 2011, the third name 'Kaija' was erroneously omitted from the deceased's name. The applicants, who were the administrators, brought an application by letter dated 25 September 2024 seeking correction of this clerical error under the slip rule.

Issues

  1. Whether the court may correct the name of the deceased in a grant of letters of administration under the slip rule (Civil Procedure Act s.99).

Orders

  • Grant of Letters of Administration over the estate of the late Yusuf Kalimirrire Kaija under Administration Cause No. 0004 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 and Application
The slip rule under s.99 of the Civil Procedure Act permits courts to correct clerical or mathematical mistakes in judgments, decrees or orders, or errors arising from any accidental slip or omission, at any time either of the court's own motion or on application of any party.
Civil Procedure — Slip Rule — Limitations on Court's Power
The slip rule does not confer upon a court jurisdiction to sit on appeal over its own judgment or to review or substantially alter its decision; the mistake must be clerical or arithmetical and its correction must not change the substance of the judgment or alter the clear intention of the court.
Civil Procedure — Slip Rule — Standard for Making a Slip Order
A slip order will only be made where the court is fully satisfied that it is giving effect to the intention of the court at the time when judgment was given, or where the court is satisfied beyond reasonable doubt as to the order it would have made had an overlooked matter been brought to its attention.
Succession & Estates — Grants of Administration — Correction of Clerical Errors
Where a deceased's name is correctly stated in all supporting documents including the petition for letters of administration and certificate of no objection but erroneously omitted from the grant itself, the omission constitutes a rectifiable clerical error under the slip rule.

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] U
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.