Wakilii

Nile Breweries Limited v Soroti Municipal Council (Civil Miscellaneous Application 22 of 2024)

High Court · [2024] UGHC 680 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to correct accidental omission of costs in judgment arising from Civil Suit No. 10 of 2019
Decision
Judgment of 12 October 2023 corrected to include costs award to plaintiff

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court allowed the application under the slip rule, finding an accidental omission in the final orders of the judgment delivered on 12 October 2023. Although the body of the judgment at page 20 expressly awarded costs to the plaintiff under section 27(2) of the Civil Procedure Act, the costs award was inadvertently omitted from the enumerated final orders at pages 10-11. The court corrected the judgment to reflect its original intention by inserting the costs award into the final orders.

Outcome

Judgment of 12 October 2023 corrected to include costs award to plaintiff

Facts

Nile Breweries Limited had successfully prosecuted Civil Suit No. 10 of 2019 against Soroti Municipal Council. Judgment was delivered on 12 October 2023 in favour of the plaintiff. At page 20 of that judgment, the court expressly stated that costs of the suit would be awarded to the plaintiff as the successful party under section 27(2) of the Civil Procedure Act. However, when the court set out its final orders at pages 10-11, it listed orders (a) to (d) but omitted paragraph (e) which would have contained the costs award. The applicant brought this application under sections 98 and 99 of the Civil Procedure Act seeking correction of the accidental omission. The respondent did not oppose the application.

Issues

  1. Whether the application raises any grounds for correction under the slip rule

Orders

  • Application allowed with no order as to costs.
  • Final orders of the judgment of 12 October 2023 corrected to include paragraph (e): 'The plaintiff is awarded the costs of this suit.'

Rules and key headnotes

Civil Procedure — Slip Rule — Correction of Accidental Omissions in Final Orders
Section 99 of the Civil Procedure Act permits the court to correct clerical or mathematical mistakes in judgments, decrees or orders, or errors arising from any accidental slip or omission, at any time, either on its own motion or on application by any party, in order to give effect to the court's original intention at the time judgment was given.
Civil Procedure — Slip Rule — Application Where Award Made in Body of Judgment But Omitted from Final Orders
Where the body of a judgment expressly awards costs to a party but the final enumerated orders inadvertently omit that award, the omission constitutes an accidental slip curable under section 99 of the Civil Procedure Act, and the court may correct the orders to reflect its original intention.
Civil Procedure — Slip Rule — Standard of Satisfaction Required for Correction
A court will apply the slip rule only where it is fully satisfied that it is giving effect to the intention of the court at the time judgment was given or, in the case of a matter which was overlooked, where it is satisfied beyond doubt as to the order which it would have made had the matter been brought to its attention.

Legislation cited (5)

Cases cited (2)

  • Obiga Kania v Wadri & Another (Miscellaneous Application No. 142 of 2017)
  • Raniga v Jivraj [1965] EA 700

Full judgment

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

Nile Breweries Limited v Soroti Municipal Council (Civil Miscellaneous Application 22 of 2024) [2024] UGHC 680 (17 July 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.