Wakilii

Matanda & 11 Ors v Patel & Anor (HCT – 04 – CV-MA-207-2015)

High Court · [2017] UGHCLD 214 · 2017 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of judgment in Civil Appeal No. 0066/2012 arising from Civil Suit No. 151/1996
Decision
Application for review dismissed with costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that applicants failed to prove they were aggrieved persons entitled to seek review. The court found no proof of death of the alleged predecessor in title, no evidence establishing applicants as beneficiaries of the estate, and no proof that the suit property formed part of the estate. Further, the grounds raised did not constitute errors on the face of the record justifying review. Application dismissed with costs.

Outcome

Application for review dismissed with costs

Facts

Twelve applicants claiming to be children and beneficiaries of the estate of the late J.W. Matanda sought to review a judgment in Civil Appeal No. 0066/2012 arising from Civil Suit No. 151/1996. They alleged that Matanda was the registered proprietor of the suit property and had been irregularly added as a party to the appeal after his death in 2014. The applicants contended the appeal judgment affected their interests as beneficiaries though they were not parties to the proceedings. The application was supported by an affidavit from Robinah Matanda purportedly authorised by the other applicants, though the alleged written authority was not attached. The respondents opposed the application on grounds that applicants lacked standing and had not demonstrated grounds for review.

Issues

  1. Whether the applicants had capacity to bring the application for review.
  2. Whether the application raises any ground under Order 46 Rule 1 of the Civil Procedure Rules for which a review of judgment can be granted.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Review of Judgment — Locus Standi — Aggrieved Person
An applicant seeking review of a judgment under section 82 of the Civil Procedure Act and Order 46 Rule 1 of the Civil Procedure Rules must prove that they are an aggrieved person who has suffered a legal grievance. Where applicants claim to be beneficiaries of a deceased's estate, they must adduce independent evidence of the death, proof that the property in dispute forms part of the estate, and evidence establishing their status as beneficiaries. Mere averments in an affidavit without supporting documentation are insufficient.
Civil Procedure — Review of Judgment — Third Party Applications — Standing
While a third party cannot in general apply for review of an order or decree in which they were not a party, an exception exists where the third party can prove they are an aggrieved person who has suffered a legal grievance. The legal burden to establish aggrieved status rests on the applicant.
Civil Procedure — Review of Judgment — Error on Face of Record — Scope
For a review to succeed on the basis of an error on the face of the record, the error must be so manifest and clear that no court would permit it to remain. Matters that were argued in submissions and upon which the court made a decision after hearing arguments do not constitute errors on the face of the record. Where an applicant contests the correctness of a court's findings or the application of law, the proper remedy is appeal, not review.
Evidence — Affidavit Evidence — Supporting Documents — Material Non-Disclosure
Where an affidavit states that a supporting document is attached and marked with a specific exhibit letter, but the document is not in fact attached, the affidavit is false as regards that assertion. Applicants who did not swear affidavits themselves but purportedly authorised another to depone on their behalf have no evidence in support of the application where the authority document is not produced.

Legislation cited (4)

Cases cited (5)

  • Re Nakivubo Chemists V Ltd (High Court Bulletin 12 of 1979)
  • Ladok Abdalla Mohammed Hussen v Isingoma Kakiiza (Supreme Court Civil Appeal No. 8 of 1995)
  • Mohamed Albhai v W E Bukenya Mukasa and Departed Asians Property Custodian Board (Supreme Court Civil Appeal No. 56 of 1996)
  • F X Mubuuke v UEB (High Court Miscellaneous Application No. 98 of 2005)
  • Muyode v Industrial and Commercial Development Corporation and Anor (2000) 1 EA 243

Full judgment

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

Matanda & 11 Ors v Patel & Anor (HCT – 04 – CV-MA-207-2015) [2017] UGHCLD 214 (12 July 2017)
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.