Isikwize v Baguma (Civil Suit 22 of 2019)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court held that Section 99 of the Civil Procedure Act permits correction of clerical or mathematical errors at any time on application or the court's own motion. The misquoted suit number (Land Civil Suit No. 37 of 2014 instead of the correct No. 22 of 2019) in the ruling of 27 February 2023 was an accidental slip rectifiable under the slip rule, and the ruling was recalled to correct the error.
Outcome
Application granted; clerical error in suit number corrected
Facts
The suit was originally filed in the Land Division of the High Court at Kampala as Civil Suit No. 327 of 2014. It was transferred to the High Court at Fort Portal in 2019 and registered as Land Civil Suit No. 22 of 2019 on 7 June 2019. On 27 February 2023, the court dismissed the suit under Order 17 rule 6(1) of the Civil Procedure Rules for want of prosecution. However, in that ruling the judge inadvertently referred to the suit as Land Civil Suit No. 37 of 2014 instead of the correct number, Land Civil Suit No. 22 of 2019. The 1st Defendant's advocates applied by letter dated 24 January 2024 for correction of the error under Section 99 of the Civil Procedure Act.
Issues
- Whether the court may correct a clerical error in the suit number stated in a previous ruling under the slip rule.
Orders
- The ruling delivered on 27 February 2023 is recalled to correct the suit number from Land Civil Suit No. 37 of 2014 to Land Civil Suit No. 22 of 2019.
- The suit dismissed on 27 February 2023 under Order 17 rule 6(1) of the Civil Procedure Rules is confirmed to be Land Civil Suit No. 22 of 2019.
- No order as to costs.
Rules and key headnotes
Legislation cited (2)
Cases cited (4)
- Vallabhadas Karsandas Raniga v Mansuklal Jivraj and Others [1965] EA 780
- Orient Bank v Frederick Zaabwe and Another (Supreme Court Civil Application No. 17 of 2007)
- Supreme Court Petition No. 26 of 2019, Monica WanguWamwere& 5 Others vs. Attorney General (Supreme Court of Kenya)
- Uganda Development Bank Ltd v Oil Sees (U) Ltd (Miscellaneous Application No. 15 of 1997)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.