Wakilii

Kamu & 3 Ors v Galandi (HCT-04-CV-MA-0006 2011)

High Court · [2012] UGHC 406 · 2012 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of High Court judgment arising from civil appeal
Decision
Application for review dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application for review of its earlier judgment. The applicants sought review on the ground that they failed to file written submissions in the substantive appeal. The court held that no sufficient grounds existed to warrant review under Order 46 of the Civil Procedure Rules, as there was no discovery of new evidence, no error apparent on the record, and submissions are not additional evidence.

Outcome

Application for review dismissed with costs to the respondent

Facts

The applicants had been parties to an appeal before the High Court (HCCA No. 108/2008), arising from Pallisa Civil Suit No. 76/2004. On 22 December 2010, the High Court delivered judgment in that appeal. The applicants failed to file their written submissions during the appeal proceedings. Subsequently, they brought an application for review of the judgment under Order 46 of the Civil Procedure Rules, arguing they did not file submissions, the court would have benefited from their counsel's submissions, they would suffer irreparable damage, and they were prevented by sufficient cause from filing. The respondent opposed the application, contending there was no sufficient cause and the applicants had abused the opportunity given to them.

Issues

  1. Whether sufficient grounds existed to warrant a review of the High Court's judgment dated 22 December 2010.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Review of Judgment — Grounds for Review — Order 46 Civil Procedure Rules
An application for review under Order 46 of the Civil Procedure Rules must be based on discovery of new and important evidence which could not have been produced at the time of the original hearing, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason. Mere failure to file submissions in the appeal does not constitute sufficient grounds for review.
Civil Procedure — Written Submissions — Appellate Proceedings — Effect of Non-Filing
Written submissions are not additional evidence in appellate proceedings and add only limited value to the parties' cases. The failure to file submissions does not constitute an injustice where the appellate court has discharged its duty to re-evaluate the evidence on record and reach its own conclusion.

Legislation cited (3)

  • Civil Procedure Rules O.46 r.1
  • Civil Procedure Rules O.46 r.2
  • Civil Procedure Rules O.46 r.8

Full judgment

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

Kamu & 3 Ors v Galandi (HCT-04-CV-MA-0006_2011) [2012] UGHC 406 (16 August 2012)
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.