Wakilii

Johka Print Machinery Limited & Another v Kaddu & Another (Miscellaneous Application 542 of 2023)

High Court · [2023] UGHCFD 192 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to review and set aside judgment in underlying divorce proceedings and to reinstate certificate of title, arising from Divorce Cause No. 002 of 2018
Decision
Application dismissed as res judicata

Observed later treatment

Cited — treatment unverified cited in 1 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

No adverse treatment recorded Cited 1 time with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Application dismissed as res judicata under Civil Procedure Act section 7. The matters raised had been conclusively determined in Miscellaneous Applications No. 86 of 2023 and No. 143 of 2023 between the same parties. Court found the issues directly and substantially the same as those already heard and decided.

Outcome

Application dismissed as res judicata

Facts

The applicants sought orders to review and set aside the judgment in Divorce Cause No. 02 of 2018 and to reinstate Certificate of Title for Kyadondo Block 246 Plot 1635 land at Kyeitabye to its former position before the judgment. The 1st applicant is Johka Print Machinery Ltd and the 2nd applicant is Kiggundu Erick. The 1st respondent is Teddy Kyeyune Kaddu and the 2nd respondent is the Commissioner Land Registration. Upon examining the application, the court found that the same reliefs had already been conclusively determined in two previous miscellaneous applications (No. 86 of 2023 and No. 143 of 2023) between the same parties.

Issues

  1. Whether the application should be entertained when the same matters had been determined in previous miscellaneous applications between the same parties

Orders

  • Application dismissed for being res judicata.
  • Costs awarded to the 1st Respondent.

Rules and key headnotes

Civil Procedure — Res Judicata — Requirements under Civil Procedure Act s.7
A court shall not try any suit or issue where the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties and has been heard and finally decided by a competent court.

Legislation cited (1)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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

Johka Print Machinery Limited & Another v Kaddu & Another (Miscellaneous Application 542 of 2023) [2023] UGHCFD 192 (12 October 2023)
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.