Wakilii

Namaganda Limited v Miao Huaxian and Another (Miscellaneous Application No. 351 of 2020)

High Court · [2022] UGCOMMC 68 · 2022 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of court order arising from High Court Civil Suit No. 78 of 2016
Decision
Application granted in part; rent quantified at UGX 46,250,000 per month; other orders maintained

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that an application for review is competent notwithstanding a pending appeal where the notice of appeal does not specify the part of the judgment complained of and does not show that the ground of appeal is common to the applicant and appellant. The court found an error apparent on the face of the record in ordering recovery of unquantified rent where evidence of monthly rental income had been tendered and not contested. The court quantified the rent at UGX 46,250,000 per month from the date of purchase until delivery of vacant possession.

Outcome

Application granted in part; rent quantified at UGX 46,250,000 per month; other orders maintained

Facts

The Applicant purchased suit property and sought recovery of rent collected and due from the property from the date of purchase until delivery of vacant possession. The court had previously ordered the 1st Respondent to cede all rent collected and due but did not quantify the amount. The 1st Respondent failed to comply with an earlier order to deposit rent in court and was cited for contempt. During the hearing of the underlying civil suit, the 2nd Respondent tendered a valuation report indicating monthly rental income of UGX 46,250,000, which was admitted without protest by any party. The Applicant sought review of the order for unquantified rent. The 1st Respondent filed a notice of appeal against part of the judgment but did not specify which part.

Issues

  1. Whether the application for review is competent in light of a pending appeal filed by the 1st Respondent.
  2. Whether there is an error apparent on the face of the record justifying review of the court's order for unquantified rent.

Orders

  • Application for review granted.
  • Applicant awarded UGX 46,250,000 per month as rent from the date of purchase by the Applicant until delivery of vacant possession to the Applicant.
  • All other orders previously issued are maintained.
  • Each party to bear its own costs.

Rules and key headnotes

Civil Procedure — Review — Competence of Application — Pending Appeal
An application for review is competent notwithstanding the pendency of an appeal by another party where the notice of appeal states it is against part of the judgment only but does not specify the part complained of as required by the Judicature (Court of Appeal Rules) Directions, and no memorandum of appeal has been filed to show that the ground of appeal is common to the applicant and the appellant.
Civil Procedure — Review — Grounds for Review — Error Apparent on Face of Record
An order for recovery of an unascertained sum constitutes an error apparent on the face of the record where evidence quantifying that sum was tendered at trial, admitted without objection, and not contested by any party during cross-examination.
Civil Procedure — Unpleaded Issues — Determination Where Evidence Led
A court may decide an unpleaded matter if the parties have led evidence and addressed the court on that matter in order to arrive at a correct decision and finally determine the controversy between the parties.

Legislation cited (8)

Cases cited (5)

  • Kinyara Sugar Limited v Hajji Kazimbiraine Mahmood & Others (High Court Miscellaneous Application No. 003 of 2020)
  • FX Mubuuke v UEB (High Court Miscellaneous Application No. 98 of 2005)
  • Simba K Ltd & 4 Others v Uganda Broadcasting Corporation (Supreme Court Civil Appeal No. 003 of 2014)
  • Odd Jobs v Mubia [1970] EA 476
  • Paul Kasagga & Another v Barclays Bank (High Court Miscellaneous Application No. 112 of 2009)

Full judgment

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

Namaganda Limited v Miao Huaxian and Another (Miscellaneous Application No. 351 of 2020) [2022] UGCommC 68 (31 May 2022)
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.