Wakilii

Mugisa v Mugisa (administrator of the estate of the late Jacob Mugisa and in his own capacity) and 4 Others ) (HCT-01-LD-MA 121 of 2022)

High Court · [2023] UGHCCD 185 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of High Court decision vacating caveat
Decision
Application for review dismissed with costs to the respondents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicant failed to establish grounds for review under section 82 of the Civil Procedure Act and Order 46 rule 1 of the Civil Procedure Rules. The court found that the applicant was properly served with the original application but chose not to participate, and the alleged non-commissioning of the affidavit was sufficiently explained. The application was further overtaken by events as the land had been subdivided and transferred to a third party, leaving sufficient residue for the applicant's beneficial entitlement. Application dismissed with costs.

Outcome

Application for review dismissed with costs to the respondents

Facts

The applicant was a beneficiary of the estate of the late Jacob Mugisha, who owned 30% of land comprised in LRV 1795 Folio 18, Busongora Block 18 Plot 6 at Muhokya, Butakinga in Kasese as a tenant in common with five other co-owners. The total land was approximately 493.1 acres. The applicant had lodged a caveat to bar transactions with the entire land, claiming transactions were being made without her involvement and without involvement of all beneficiaries to the respective estates of the deceased co-owners. The respondents, as administrators of the estates of the other co-owners, sought to vacate the caveat in Miscellaneous Cause No. 006 of 2022 to allow sale of part of the land to Watujo Millers Ltd for resettlement of people affected by floods in Kasese district under a program of the Office of the Prime Minister. The court granted the application and vacated the caveat. The applicant then sought review, alleging she was not served with notice of the application and that the affidavit in support was not commissioned.

Issues

  1. Whether the applicant has sufficient grounds for review of the decision in Miscellaneous Cause No. 006 of 2022.

Orders

  • Application for review dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Review of Judgment — Grounds for Review
An application for review under section 82 of the Civil Procedure Act and Order 46 rule 1 of the Civil Procedure Rules may be granted on three grounds: discovery of new and important evidence previously overlooked by excusable misfortune; mistake or error apparent on the face of the record; or any other sufficient reason analogous to the first two grounds.
Civil Procedure — Review of Judgment — Service and Participation
Where a party was properly served with an application but chose not to participate in the proceedings, that party cannot subsequently seek review on the ground that the application was not brought to their attention.
Civil Procedure — Review of Judgment — Application Overtaken by Events
Where the subject matter of an application for review has been disposed of and the applicant's interests remain protected, the application is overtaken by events and the court will not issue orders in vain.

Legislation cited (6)

Cases cited (3)

  • Busoga Growers Co-operative Union Ltd v Nsamba & Sons Ltd (HCMA No. 123 of 2000)
  • FX Mubuuke v UEB (HCMA No. 98 of 2005)
  • Re Nakivubo Chemists (U) Ltd (1979) HCB 12

Full judgment

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

Mugisa v Mugisa (administrator of the estate of the late Jacob Mugisa and in his own capacity) and 4 Others ) (HCT-01-LD-MA 121 of 2022) [2023] UGHCCD 185 (28 April 2023)
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.