Wakilii

Lubega George v Twaha Ahmed Siraje (Miscellaneous Application No. 0273 of 2025)

High Court · [2025] UGHCLD 55 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of ruling dismissing application to reinstate dismissed 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

Held that the applicant failed to establish any error apparent on the face of the record warranting review. The applicant's failure to obtain the record of proceedings and inform the court of its unavailability when directions were given constituted lack of diligence. The arguments raised were procedural matters requiring interpretation, not self-evident mistakes, and had already been considered in the earlier application. The application for review was dismissed.

Outcome

Application for review dismissed with costs to the respondent

Facts

The applicant appealed against a judgment in Civil Suit No. 1237 of 2015 from the Chief Magistrate's Court of Mengo. Civil Appeal No. 154 of 2019 was dismissed on 31 August 2021 for want of prosecution, then reinstated via MA No. 1646 of 2021. On 11 January 2024, the court issued directions for filing submissions. Neither party complied, and the appeal was dismissed again on 28 March 2024. The applicant filed MA No. 1055 of 2024 seeking reinstatement, which was dismissed. The applicant then sought review of that dismissal, arguing that the court erred by issuing directions before the lower court file was forwarded. The record of proceedings became available on 19 February 2024 and the file was received by the High Court on 1 March 2024, before the scheduled judgment date of 28 March 2024.

Issues

  1. Whether there are sufficient grounds to warrant the review and setting aside of the ruling and orders in Miscellaneous Application No. 1055 of 2024.
  2. Whether Civil Appeal No. 0154 of 2019 can be readmitted and fresh scheduling dates for filing submissions be issued.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Review — Error Apparent on Face of Record — Requirements
For an error to constitute a ground for review under Section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules, it must be an error apparent on the face of the record, meaning an evident error which does not require any extraneous matter to show its incorrectness and must be so manifest and clear that no court would permit such an error to remain on record.
Civil Procedure — Review — Procedural Matters — Not Error Apparent on Record
Arguments that are purely procedural matters requiring interpretation and context do not constitute a self-evident mistake apparent on the face of the record sufficient to warrant review.
Civil Procedure — Appeals — Duty of Diligence — Advocate's Duty to Inform Court
Where an advocate accepts court directions for filing submissions while knowing that the record of proceedings from the lower court has not been obtained, the advocate as an officer of the court has a duty to inform the court of this fact and cannot later rely on the absence of the record as grounds for review.
Civil Procedure — Review — Seeking Second Bite at Cherry — Dilatory Conduct
Where arguments raised in an application for review were already considered in the earlier application being reviewed, and the applicant has demonstrated lack of diligence and dilatory conduct in prosecuting the appeal, the application constitutes seeking a second bite at the cherry without satisfying the strict requirements for review.

Legislation cited (7)

Cases cited (4)

  • FX Mubuuke v Uganda Electricity Board (HCMA No. 98 of 2005)
  • Edison Kanyabwera v Pastori Tumwebaze (SCCA No. 6 of 2004)
  • Watwero Enterprises Limited v Board of Governors of Lukame Secondary School and Another (HCMA No. 08 of 2023)
  • Narcensio Begumisa and Others v Eric Tibebaga (Supreme Court Civil Appeal No. 17 of 2002)

Full judgment

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

Lubega_George_v_Twaha_Ahmed_Siraje_(Miscellaneous_Application_No._0273_of_2025)_[2025]_UGHCLD_55_(9_May_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.