Wakilii

Mugenyi and Another v Nasser (Civil Application 1150 of 2023; Civil Application 526 of 2023)

Court of Appeal · [2024] UGCA 338 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Correction of a clerical error in a court ruling under Rule 36(1) of the Court of Appeal Rules
Decision
Clerical error in the ruling corrected under Rule 36(1)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court, on the application of counsel for the respondents, corrected a clerical error in its ruling delivered on 18 September 2024 where the name of one of the respondent's advocates had been recorded incorrectly. Invoking Rule 36(1) of the Judicature (Court of Appeal Rules) Directions, which permits correction at any time of a clerical or arithmetical mistake or an error arising from an accidental slip or omission, the court ordered that the advocate's name be corrected to give effect to its intention when the ruling was given.

Outcome

Clerical error in the ruling corrected under Rule 36(1)

Facts

By letter dated 15 October 2024 addressed to the Registrar, counsel for the respondents drew the court's attention to an error in the name of one of the advocates who represented the respondent, recorded at page 3 of the court's ruling. The name had been written incorrectly. The error was noticed after delivery of the ruling on 18 September 2024. Counsel prayed that the error be corrected.

Issues

  1. Whether a clerical error in the name of an advocate recorded in the court's ruling could be corrected under Rule 36(1) of the Court of Appeal Rules.

Orders

  • The error at page 3 of the ruling, where the name of one of the advocates for the respondent was recorded incorrectly, is corrected to read the advocate's correct name.

Rules and key headnotes

Civil Procedure — Correction of Errors — Accidental Slip or Clerical Mistake — Rule 36(1) Court of Appeal Rules
A clerical or arithmetical mistake in any judgment of the court, or an error arising from an accidental slip or omission, may be corrected by the court at any time, whether before or after the judgment has been embodied in a decree, on its own motion or on the application of an interested person, so as to give effect to the court's intention when judgment was given.

Legislation cited (1)

Full judgment

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Mugenyi and Another v Nasser (Civil Application 1150 of 2023; Civil Application 526 of 2023) [2024] UGCA 338 (31 October 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.