Nyabwolo Owino v Oketch and 2 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 applicant seeking review under Section 82 of the Civil Procedure Act must 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 may file a proper suit subject to limitation
Facts
The applicant, claiming to be administratrix of the estate of the late Rev. Fr. Gabriel William Owino, filed a civil suit against the respondents claiming trespass to land and recovery of land at Paponyi A Village, Tororo District. At the hearing, the respondents raised preliminary objections that she lacked locus standi and that her plaint disclosed no cause of action. Both preliminary objections were sustained and the suit was dismissed with costs. The applicant then sought review of the dismissal order, grounding her application on discovery of new and important evidence and error apparent on the face of the record.
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 and 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.