Wakilii

Major (Rtd) Kakooza Mutale v Balisigara (Civil Appeal No. 121 of 2020)

Court of Appeal · [2022] UGCA 3 · 2022 Applications Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated post-judgment applications: an application under the slip rule to correct an alleged error in a prior Court of Appeal judgment, and an application for a certificate of importance to lodge a third appeal to the Supreme Court together with a stay of execution.
Decision
Both consolidated applications dismissed with costs to the respondent; certificate of importance and stay of execution refused.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal (majority) held that the applicant's slip application raised new matters of fact concerning an alleged cancellation of the respondent's title rather than any clerical or accidental error in the judgment, and that the Court was functus officio and could not reopen the concluded appeal. The slip rule cannot be used as an indirect means to re-argue a decided case. On the certificate application, the majority found none of the points identified were properly formulated questions of law of great public or general importance affecting the nation at large, and declined to certify a third appeal or grant a stay. Both applications were dismissed with costs. Musota, JA dissented on the certificate application.

Outcome

Both consolidated applications dismissed with costs to the respondent; certificate of importance and stay of execution refused.

Facts

Mr. Mutale and Mr. Balisigara disputed ownership of land in Luwero District. In Civil Suit No. 138 of 2012 the Chief Magistrate found Mr. Balisigara the true owner and Mr. Mutale a trespasser; the title described the land as Bulemezi Block 574 Plot 28 at Magoma. The High Court (Namundi, J.) dismissed Mr. Mutale's appeal in 2017, and the Court of Appeal struck out his further appeal (Civil Appeal No. 61 of 2018) as filed contrary to law. Mr. Mutale then filed a slip application seeking to correct the description of the suit land in the Court's judgment, relying on an alleged 2015 cancellation of the respondent's title by the Land Registrar that had never been placed before the trial or first appellate courts. He also sought a certificate of importance to appeal to the Supreme Court and a stay of execution. The respondent contended there was no error and that the applicant sought a fresh trial on new facts.

Issues

  1. Whether there was a clerical or accidental error/slip in the Court of Appeal's judgment in Civil Appeal No. 61 of 2018 concerning the description of the suit land that could be corrected under Rule 36 of the Court of Appeal Rules.
  2. Whether the intended third appeal to the Supreme Court concerns a matter of law of great public or general importance warranting a certificate under section 6(2) of the Judicature Act.
  3. Whether an order of stay of execution should be granted pending the intended third appeal.

Orders

  • Civil Application No. 277 of 2020 (slip application) dismissed with costs to the respondent.
  • Civil Application No. 121 of 2020 (certificate and stay of execution application) dismissed with costs to the respondent by majority (Musoke, JA and Kasule, Ag. JA; Musota, JA dissenting).

Rules and key headnotes

Correction of Judgments — Slip Rule — Scope and Limits under Rule 36 of the Court of Appeal Rules
The slip rule permits correction only of clerical or arithmetical mistakes or accidental slips or omissions so as to give effect to the court's intention; it cannot be invoked to introduce new matters of fact or evidence or to reopen a concluded appeal.
Finality of Judgments — Functus Officio — Post-Judgment Applications
Once a court has pronounced judgment it becomes functus officio and cannot reopen the matter to consider new facts; the slip rule must not be used as an indirect means to sit on appeal against the court's own decision and circumvent the principle of finality.
Certificate of Importance — Matter of Law of Great Public or General Importance — Section 6(2) Judicature Act
A certificate for a third appeal to the Supreme Court under section 6(2) of the Judicature Act may issue only where the intended appeal raises questions of law that affect, relate or are applicable to the nation at large, and not merely to the individual interests of the parties.
Stay of Execution — Dependency on Grant of Certificate of Importance
Where no certificate of importance is granted and consequently no appeal lies to the Supreme Court, an order to stay execution of the Court of Appeal's decision pending the intended appeal will not be granted.

Legislation cited (3)

Cases cited (11)

  • Axis M&E (UK) Ltd v Multiplex Construction Europe Ltd [2019] EWHC 169 (TCC)
  • John Sanyu Katuramu and 49 Others v Attorney General (Constitutional Appeal No. 3 of 2006)
  • Sunita Jain vs. Pawar Kumar Jain & Ors, Case No. 174 of 2008
  • Charles Lwanga Masengere v God Kabagambe and 2 Others (Civil Application No. 125 of 2009)
  • Hermanus Phillipus Steyn vs. Giovanni Gnecchi-Ruscone, Application No. 4 of 2010 (unreported)
  • Lakhamshi Brothers Ltd v R. Raja & Sons [1966] EA 313
  • UDB v Oil Seeds (U) Ltd (Civil Application No. 15 of 1977)
  • David Muhenda v Humphrey Mirembe (Civil Appeal No. 5 of 2012)
  • Ahmed Kawoya Kanga v Banga Aggrey Fred [2007] KALR 164
  • Nsereko Joseph Kisakye v Bank of Uganda (Civil Appeal No. 1 of 2012)
  • Attorney General and Another v Estate of the Late James Mark Kamoga and Another (Civil Appeal No. 8 of 2004)

Full judgment

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

Major (Rtd) Kakooza Mutale v Balisigara (Civil Appeal No. 121 of 2020) [2022] UGCA 3 (10 January 2022)
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.