Nyabwolo Immaculate Owino v Okech Tom and Others (Miscellaneous Application No. 0087 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that an application for review under Section 82 of the Civil Procedure Act requires the applicant to be an aggrieved person who has suffered a legal grievance involving loss of a right or title. Where a suit was dismissed on preliminary objections without determining the merits, the applicant suffered no legal grievance as she remains free to file a proper suit subject to limitation. The application for review was dismissed.
Outcome
Application for review dismissed; applicant not precluded from filing fresh suit
Facts
The applicant, claiming to be administratrix of an estate, filed a civil suit for trespass and recovery of land at Paponyi A Village, Tororo District. The respondents raised preliminary objections that she lacked locus standi and that the plaint disclosed no cause of action. Both objections were sustained and the suit was dismissed with costs. The applicant then sought review of that dismissal, grounding the application on discovery of new evidence and error apparent on the face of the record. The application was supported by affidavit and opposed by three separate affidavits in reply from the respondents.
Issues
- Whether the applicant has sufficient grounds for review?
- Whether there are any available remedies?
Orders
- Application dismissed.
- Costs awarded to the respondents.
Rules and key headnotes
Legislation cited (6)
- Civil Procedure Act Cap.71 s.82
- Civil Procedure Act Cap.71 s.98
- Civil Procedure Rules S.I 71-1 Order 46 Rule 1
- Civil Procedure Rules S.I 71-1 Order 46 Rule 2
- Civil Procedure Rules S.I 71-1 Order 52 Rule 1
- Civil Procedure Rules S.I 71-1 Order 52 Rule 3
Cases cited (4)
- A Muhammed Allibhai v W.E. Bukenya & DAPCB (Supreme Court Civil Appeal No. 56 of 1996)
- Busoga Growers Co-operative Union Ltd v Nsamba & Sons Ltd (High Court Miscellaneous Application No. 123 of 2000)
- Re Nakivubo Chemists (U) Ltd (1979) HCB 12
- Ladak Abdallah Mohammed Hussein v Isingoma Kakiiza (Supreme Court Civil Appeal No. 8 of 1995)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.