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Kalungi Estates Limited v Bahari Forwarders Limited and Others [2023] UGHC 555

High Court · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of a Ruling in Miscellaneous Appeal 15/2022
Decision
Application for review dismissed with costs to the respondents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the application for review was dismissed. The alleged errors on the face of the record were accidental slips or omissions correctable under section 99 of the Civil Procedure Act, not grounds for review. The application amounted to a disguised appeal. Once a court makes a ruling it becomes functus officio and cannot revisit the same matter. The proper remedy for an aggrieved party is to appeal, not to seek review on misconstrued grounds.

Outcome

Application for review dismissed with costs to the respondents

Facts

Kalungi Estates Limited applied for review of a Ruling in Miscellaneous Appeal 15/2022. The applicant alleged errors on the face of the record, including that the Ruling indicated five respondents when the parties in the appeal were only Kalungi Estates Limited and Kasumba Ali, and that the Ruling cited Article 126(e) instead of Article 126(2)(e) of the Constitution. The applicant also challenged the basis for dismissal of its appeal, which was failure to extract an order. The court found these were accidental slips correctable under section 99 of the Civil Procedure Act, not grounds for review, and that the application was a disguised appeal.

Issues

  1. Whether the applicant demonstrated grounds for review of the Ruling in Miscellaneous Appeal 15/2022 under Order 46 rule 1(1) of the Civil Procedure Rules.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Review — Errors on Face of Record — Accidental Slips Distinguished
Accidental slips or omissions in a ruling, such as incorrect citation of constitutional provisions or discrepancies in party names, are correctable under section 99 of the Civil Procedure Act either on the court's own motion or on application, and do not constitute errors on the face of the record warranting review under Order 46 rule 1(1) of the Civil Procedure Rules.
Civil Procedure — Review — Standard for Error Apparent on Face of Record
For a review to succeed on the basis of an error apparent on the face of the record, the error must be so manifest and clear that no court would permit such an error to remain on the record. A wrong application of the law or failure to apply the appropriate law is not an error on the face of the record.
Civil Procedure — Review — Disguised Appeal — Functus Officio
Once a court makes a ruling it becomes functus officio and cannot revisit the same matter. An application for review that challenges the substantive basis of a ruling amounts to a disguised appeal and is an abuse of process. The proper remedy for an aggrieved party is to file an appeal, not to seek review on grounds that have been misconstrued or misinterpreted.

Legislation cited (3)

Cases cited (1)

  • F.X. Mubuuke v UEB (HCIA No. 98 of 2005)

Full judgment

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

Kalungi Estates Limited v Bahari Forwarders Limited and Others 2023 UGHC 555 (14 April 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.