Wakilii

Kamya Semu v Eric Balame (Civil Appeal No. 8 of 2010)

High Court · [2025] UGHC 1114 · 2025 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under Section 99 of the Civil Procedure Act to clarify a previous decision delivered on 28 February 2014
Decision
Court clarified that appellant entitled to one-quarter of the entire land; excess occupation to be vacated

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court clarified its earlier decision under Section 99 of the Civil Procedure Act, holding that the appellant is entitled to one-quarter of the entire land comprised in Busiro Block 266 Plot 134. The court found that the decree as extracted, which added the words 'now in dispute', was inconsistent with the original orders. Any land occupied by the appellant in excess of one-quarter is being occupied unlawfully and must be vacated immediately.

Outcome

Court clarified that appellant entitled to one-quarter of the entire land; excess occupation to be vacated

Facts

This ruling concerns clarification of a decision delivered on 28 February 2014 in a land dispute over Plot 134. The original decision awarded the appellant one-quarter of the land and ordered a survey. When the decree was extracted, the words 'now in dispute' were added to paragraph 1, leading the respondent to contend that the appellant was only entitled to one-quarter of the land not in dispute, not the disputed land. The respondent argued that the appellant had wrongly occupied an additional one-quarter of the respondent's land. The record showed that the respondent bought his portion from Goobi, which was supposed to be half of the whole piece of land. On 12 May 2006, Charles Kiddu approached the respondent with an offer to sell a portion of land, but the agreement contained no specific measurement.

Issues

  1. Whether the decree as extracted was inconsistent with the orders made by the court.
  2. Whether the appellant is entitled to one-quarter of the entire land or only one-quarter of the land not in dispute.

Orders

  • The appellant is entitled to one-quarter of the land comprised in Busiro Block 266 Plot 134.
  • Any land occupied by the appellant in excess of one-quarter is being done unlawfully and should be vacated with immediate effect.

Rules and key headnotes

Civil Procedure — Amendment of Decrees — Section 99 Civil Procedure Act — Correction of Errors in Extraction
Under Section 99 of the Civil Procedure Act, clerical or mathematical mistakes in judgments, decrees or orders, or errors arising from any accidental slip or omission may at any time be corrected by the court either of its own motion or on the application of any of the parties.
Land & Property — Co-ownership — Entitlement to Specific Portions — Interpretation of Court Orders
Where a court awards a party a fractional share of land without qualification, the entitlement extends to that fraction of the entire land, not merely to a fraction of undisputed portions. Words added during decree extraction that alter the substantive effect of the court's orders are inconsistent with the judgment and must be corrected.

Legislation cited (1)

Full judgment

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

Kamya Semu v Eric Balame (Civil Appeal No. 8 of 2010) [2025] UGHC 1114 (13 October 2025)
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.