Milton Kabushendere v Nabudde Jenipher (Civil Miscellaneous Application 194 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application for review of its earlier judgment in a civil appeal. The applicant sought eviction orders that were never claimed in the original suit or appeal. The court held that the applicant failed to establish any of the statutory grounds for review under Order 46 Rule 1 of the Civil Procedure Rules: discovery of new evidence, mistake or error apparent on the record, or any other sufficient reason. The application was dismissed with no order as to costs.

Outcome

Application for review dismissed

Facts

The applicant borrowed UGX 2,920,000 from the respondent in 2005, secured by land at Nyamirere Cell, Rubale Sub-county, Ntungamo District. The respondent alleged a sale of the land and filed Civil Suit No. 56 of 2011 in the Chief Magistrate's Court at Ntungamo. The trial court found no sale had occurred and dismissed the suit. The respondent appealed to the High Court (Civil Appeal No. 17 of 2013), which set aside the trial court's decision and ordered the applicant to refund UGX 2,920,000 with no interest. No eviction orders were granted in either judgment. The applicant complied with the refund order but the respondent did not vacate the land. The applicant then filed Miscellaneous Cause No. 18 of 2023 seeking eviction orders, which was dismissed. The applicant subsequently filed this application for review seeking eviction orders and to set aside the High Court's judgment in the appeal.

Issues

1. Whether the applicant established grounds for review under Order 46 Rule 1 of the Civil Procedure Rules.
2. Whether the court could grant eviction orders in a review application where no such orders were sought or granted in the original proceedings.

Orders

• Application for review dismissed.
• No order as to costs.

Rules and key headnotes

Legislation cited (8)

• Civil Procedure Act s.82
• Civil Procedure Act s.98
• Civil Procedure Act s.99
• Civil Procedure Rules Order 46 Rule 1
• Civil Procedure Rules Order 46 Rule 8
• Civil Procedure Rules Order 52 Rule 1
• Civil Procedure Rules Order 52 Rule 3
• Civil Procedure Rules Order 21 Rule 1(3)

Cases cited (2)

• Re: Nakivubo Chemists (U) Ltd (1979) HCB 12
• Brooke Bond Liebig (T) Ltd v Mallya [1975] EA 266

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