Wakilii

Nalunkuuma v Tusubira (Miscellaneous Application 1342 of 2024)

High Court · [2025] UGHCFD 3 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of a ruling striking out the respondent from a civil suit on grounds of limitation
Decision
Application for review dismissed with costs

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 a ruling that struck out a defendant on grounds of limitation. The applicant argued that the court erred by not considering her submissions, but the court found no error apparent on the record because the applicant failed to file submissions within the court-directed timeline. The applicant filed submissions after the deadline and after the ruling was delivered. The court held that non-compliance with court directions cannot constitute an error apparent on the face of the record, and that the applicant had opportunity to be heard which she ignored.

Outcome

Application for review dismissed with costs

Facts

The applicant, as administrator of her late father's estate, filed Civil Suit No. 517 of 2022 seeking to recover land allegedly part of her father's estate. The respondent (5th defendant) raised a preliminary objection that the suit was barred by limitation. The court directed parties to file submissions by specified deadlines: respondent by 4 June 2024, applicant's reply by 11 June 2024, and rejoinder by 14 June 2024. The ruling was delivered on 24 June 2024, upholding the preliminary objection and striking out the 5th defendant. The applicant claimed she filed submissions on 20 June 2024, after the deadline but before the ruling was delivered. The court noted that no submissions from the applicant were on record when the ruling was delivered. The applicant sought review on grounds that the court failed to consider her submissions, constituting an error apparent on the face of the record.

Issues

  1. Whether this application raises any grounds to warrant the review of the ruling in H.C.C.S No. 517 of 2022 dated 24th June 2024

Orders

  • Application and the orders sought thereunder denied.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Review — Error Apparent on Face of Record — Requirements
For an error to constitute a ground for review, it must be apparent on the face of the record, meaning an evident error which does not require any extraneous matter to show its incorrectness. It must be an error so manifest and clear that no court would permit such error to remain on record. The error may be one of fact but also includes error of law.
Civil Procedure — Review — Non-compliance with Court Directions — Not an Error Apparent
Non-compliance with court directions to file submissions within stipulated timelines does not constitute an error apparent on the face of the record. A party who fails to comply with court scheduling orders and files submissions after the deadline cannot later claim that the court erred by not considering those submissions.
Civil Procedure — Court Orders — Compliance Required
Court orders are not mere technical rules of procedure that can be simply ignored. Court orders must be respected and complied with, and those who choose to ignore them do so at their own peril. Court schedules are important tools assisting the court to conduct its business in an orderly fashion and one should ignore court schedules at their own detriment.
Civil Procedure — Preliminary Objections on Points of Law — Determination Based on Pleadings
Points of law raised by way of preliminary objection are determined based on the pleadings on record. A party given opportunity to be heard through filing of submissions but who fails to file within court-directed timelines cannot claim to have been condemned unheard.

Legislation cited (9)

Cases cited (8)

Full judgment

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

Nalunkuuma v Tusubira (Miscellaneous Application 1342 of 2024) [2025] UGHCFD 3 (17 February 2025)
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.