Wakilii

Natunga Sarah v Erivania and Anor (Miscellaneous Cause No. 64 of 2020)

High Court · [2021] UGHCLD 66 · 2021 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of judgment affecting applicant's registered land title where applicant was not a party to the original suit
Decision
Judgment reviewed in part only as it affects Applicant's registered interest in plot 2341 block 107

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A registered proprietor whose land title was adversely affected by a judgment in proceedings to which she was not a party qualifies as an aggrieved person entitled to seek review under Order 46 of the Civil Procedure Rules. The failure to join her as a party where her specific plot was identified in evidence and the judgment affected her registered interests constitutes a mistake apparent on the face of the record and an infringement of the constitutional right to a fair hearing under Article 28(1) of the Constitution.

Outcome

Judgment reviewed in part only as it affects Applicant's registered interest in plot 2341 block 107

Facts

The Applicant, Natunga Sarah, is the registered proprietor of land comprised in LRV 4092 Folio 13 Block 107 Plot 2341 at Kyagwe Kawuga. A judgment was delivered on 7 September 2018 in HCCS No. 510 of 2012 between Erivania Susan Nalwanga and Senkubuge Lukwago as plaintiffs against Nelson Serwano Sebinene Senkubuge as defendant. The judgment concerned plots fraudulently created from original Block 107 Plot 341 LRV 2490 Folio 21, including plots 2340 through 2347. In the evidence before the court in that suit, the Applicant's plot 2341 was specifically identified as currently registered in the name of Natunga Sarah. The Applicant was never made a party to the proceedings despite her plot being specifically mentioned and the judgment adversely affecting her registered proprietary interest. The respondents in this application, though served, did not attend and the matter proceeded ex parte.

Issues

  1. Whether the Applicant is an aggrieved party entitled to apply for review.
  2. Whether the judgment in HCCS No. 510 of 2012 should be reviewed and set aside.
  3. Whether the Applicant is entitled to the remedies sought.

Orders

  • Application for review partly allowed.
  • Judgment in HCCS No. 510 of 2012 reviewed only insofar as it affects the Applicant's rights in plot 2341 block 107.
  • The rest of the judgment not reviewed or set aside.
  • Applicant awarded half of the taxed costs of the application to be met by the respondents.

Rules and key headnotes

Civil Procedure — Review of Judgment — Locus Standi — Aggrieved Person
A third party may apply for review of a judgment if that party establishes that they are an aggrieved person, being one who has a legal grievance, meaning a person who suffers a legal grievance if the judgment given is against them or affects their interests.
Constitutional Law — Fair Hearing — Right to be Heard — Non-Joinder of Affected Party
Where a judgment affects the registered proprietary interest of a person and that person was not joined as a party to the proceedings despite their specific plot being identified in the evidence, the failure to accord that person a right to be heard constitutes an infringement of the constitutional right to a fair hearing under Article 28(1) of the Constitution of Uganda 1995.
Civil Procedure — Review of Judgment — Mistake Apparent on Face of Record — Non-Joinder
The failure to join as a party a registered proprietor whose specific plot was identified in evidence and whose registered interests were adversely affected by the judgment constitutes a mistake or error apparent on the face of the record justifying review under Order 46 rule 1 of the Civil Procedure Rules.
Land & Property — Registered Proprietor — Protection of Interests — Review Where Not Joined
A registered proprietor of land whose title is adversely affected by a judgment in proceedings to which they were not a party is entitled to seek partial review of the judgment limited to the extent that it affects their specific registered interest, without disturbing the judgment as it relates to other parties and other plots.

Legislation cited (10)

Cases cited (3)

  • Muhammed Allibhai v WE Bukenya and Another (Civil Appeal No. 56 of 1996)
  • Yusuf v Nokrach [1971] EA 104
  • Re Nakivubo Chemists (U) Ltd (1971) HCB 12

Full judgment

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

Natunga_Sarah_v_Erivania_and_Anor_(Miscellaneous_Cause_No._64_of_2020)_[2021]_UGHCLD_66_(21_January_2021)
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.