Wakilii

Kibira v Kiryowa (Miscellaneous Application 3763 of 2023)

High Court · [2024] UGHCLD 167 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of a ruling and orders made in Miscellaneous Application No. 84 of 2022 which arose from Civil Suit No. 132 of 2018
Decision
Application for review granted; applicant granted leave to appear and defend underlying suit; property released from attachment

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court found an error apparent on the face of the record where a previous ruling addressed only two of eight remedial orders sought, despite counsel for the respondent conceding to four grounds. The court reviewed the earlier ruling, granted additional orders including release of property from attachment and unconditional leave to appear and defend the main suit, and remitted two grounds for determination in the main suit.

Outcome

Application for review granted; applicant granted leave to appear and defend underlying suit; property released from attachment

Facts

The applicant was defendant in Civil Suit No. 132 of 2018 for recovery of UGX 75,000,000. A default judgment was entered against her without service. A warrant of attachment was issued against her immovable property in Kyadondo Block 185 Plots 6099 and 6101, and orders for issuance of special certificates of title were made. At the execution stage, the applicant learned of these proceedings and filed MA No. 84 of 2022 seeking to set aside the default judgment, stay execution, release the property from attachment, reverse the special certificate orders, nullify a purported sale, restore her as registered proprietor, and obtain leave to defend. On 7 October 2022, Justice David Matovu allowed the application and set aside the default judgment with stay of execution, but did not address the other six orders sought, despite counsel for the respondent conceding to four grounds in writing. The applicant then brought this review application arguing that the omission constituted an error apparent on the face of the record.

Issues

  1. Whether the applicant has sufficient grounds for review of the ruling and orders in Miscellaneous Application No. 84 of 2022

Orders

  • The ruling and orders of court in Miscellaneous Application No. 84 of 2022 are reviewed by maintaining the orders already granted.
  • Execution decree in Civil Suit No. 132 of 2018 is set aside.
  • Property comprised in Kyadondo Block 185 Plots 6099 and 6101 is released from attachment and/or execution.
  • The order to set aside and nullify the order for issuance of special certificates of title for Kyadondo Block 185 Plots 6099 and 6101 is not granted as there is no 2nd respondent in the matter.
  • The applicant is granted unconditional leave to appear and defend Civil Suit No. 132 of 2018.
  • Grounds 6 and 7 of MA 84 of 2022 are to be determined in the main suit.
  • No orders as to costs in this application.

Rules and key headnotes

Civil Procedure — Review of Judgments and Orders — Grounds for Review — Error Apparent on Face of Record
Where a court pronounces itself on only some of the remedial orders sought by an applicant and omits to address other orders to which opposing counsel had conceded in writing, such omission constitutes an error apparent on the face of the record warranting review under Section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules.
Civil Procedure — Review of Judgments and Orders — Definition of Error Apparent on Face of Record
An error apparent on the face of the record is one where an error on a substantial point of law stares one in the face and there could reasonably be no two opinions; it must be manifest or self-evident and not require a long-drawn process of reasoning or argument to establish it.
Civil Procedure — Review of Judgments and Orders — Scope of Review Power
A review may be granted whenever the court considers that it is necessary to correct an apparent error or omission on the part of the court.

Legislation cited (2)

Cases cited (5)

  • Re Nakivubo Chemists (U) Ltd (1979) HCB 12
  • Edison Kanyabwera v Pastori Tumwebaze (Civil Appeal No. 6 of 2004)
  • Nyamogo & Nyamogo Advocates & Kago (2001) 2 EA 173
  • Batuk K Vyas v Surat Municipality AIR (1953) Bom 133
  • Deox Tibeingana v Vijay Reddy and Another (Miscellaneous Application No. 0519 of 2021)

Full judgment

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

Kibira_v_Kiryowa_(Miscellaneous_Application_3763_of_2023)_[2024]_UGHCLD_167_(19_June_2024)
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.