Wakilii

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

High Court · [2024] UGHC 687 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under slip rule to correct omission of costs order in judgment delivered in Civil Suit No. 10 of 2019
Decision
Judgment of 12 October 2023 corrected to include award of costs to plaintiff

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court allowed an application to correct an accidental omission in the final orders of a judgment delivered on 12 October 2023. The body of the judgment had awarded costs to the plaintiff but the final list of orders inadvertently omitted this award. The court applied the slip rule under Section 99 of the Civil Procedure Act to add costs to the final orders, finding the omission was a clerical error curable by the slip rule.

Outcome

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

Facts

Nile Breweries Limited obtained judgment in its favour in Civil Suit No. 10 of 2019 on 12 October 2023. The judgment body on page 20 expressly awarded costs of the suit to the plaintiff. The final list of orders at pages 10-11 enumerated four paragraphs (a-d) but omitted paragraph e which would have recorded the costs award. The applicant brought this application under the slip rule seeking correction of the accidental omission.

Issues

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

Orders

  • Application allowed with no order as to costs.
  • The final orders of the court in the judgment of 12 October 2023 corrected to include: The plaintiff is awarded the costs of this suit.

Rules and key headnotes

Civil Procedure — Slip Rule — Correction of Judgments — Scope
Section 99 of the Civil Procedure Act permits correction of clerical or mathematical mistakes in judgments, decrees or orders, or errors arising from accidental slip or omission, at any time, either on the court's own motion or on application by any party.
Civil Procedure — Slip Rule — Test for Application
A court will apply the slip rule only where fully satisfied that it is giving effect to the intention of the court at the time judgment was given, or in cases of oversight, where satisfied beyond doubt as to the order which would have been made had the matter been brought to its attention.
Civil Procedure — Costs — Award of Costs Where Omitted from Final Orders
Where a judgment body expressly awards costs to the successful party under Section 27(2) of the Civil Procedure Act but the final list of orders inadvertently omits this award, the omission is an accidental slip curable under the slip rule.

Legislation cited (5)

Cases cited (2)

  • Obiga Kania v Wadri & Anor (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 (Miscellaneous Application 22 of 2024) [2024] UGHC 687 (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.