Wakilii

Pavement Civil Works Ltd v Kiyingi & Anor (Misc.Aoo.No.416 Of 2002) (Misc.Aoo.No.416 of 2002)

High Court · [2002] UGHC 98 · 2002 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of consent order arising from Civil Suit No. 147 of 2002
Decision
Application dismissed with costs to the Respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for review of consent order dismissed. Applicant failed to adduce new evidence or matter warranting setting aside of the consent order that compromised a decree in summary suit. Summary decree still subsists and has not been shown to be satisfied or discharged.

Outcome

Application dismissed with costs to the Respondent

Facts

Pavement Civil Works Ltd applied to review a consent order in Civil Suit No. 147 of 2002, claiming the loan subject of the suit had been repaid. The applicant's affidavit stated the respondent received a cheque for Shs. 15 million on 29 November 2000 and alleged further payment of Shs. 13 million, though no evidence of the latter was annexed. The respondent admitted receiving Shs. 15 million but stated he shortly thereafter advanced Shs. 15 million to the applicant, issuing a security cheque dated 25 January 2001, and made further subsequent advances with post-dated cheques in 2001. The applicant did not file a further affidavit controverting the respondent's reply. The consent order had compromised a decree obtained in a summary suit.

Issues

  1. Whether the consent order entered in Civil Suit No. 147 of 2002 should be set aside on the ground that the loan subject of the suit had been repaid.
  2. Whether the applicant had adduced new evidence or matter sufficient to warrant review of the consent order.

Orders

  • Application dismissed.
  • Costs awarded to the Respondent/Plaintiff.

Rules and key headnotes

Civil Procedure — Review of Consent Orders — Grounds for Setting Aside
An application for review of a consent order must be supported by new evidence or matter that was not before the court when the consent order was entered.
Civil Procedure — Review Applications — Burden on Applicant
Where an applicant seeks to set aside a consent order on grounds of repayment, the applicant bears the burden of proving satisfaction and discharge of the underlying decree with sufficient evidence.

Legislation cited (3)

Full judgment

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Pavement Civil Works Ltd v Kiyingi & Anor (Misc.Aoo.No.416 Of 2002) (Misc.Aoo.No.416 of 2002) [2002] UGHC 98 (15 October 2002)
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.