Wakilii

Retired Col Omara v Abule (Miscellaneous Application 90 of 2022)

High Court · [2023] UGHCCD 258 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to correct clerical error in judgment under the slip rule
Decision
Clerical error in judgment corrected to reflect accurate record

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 granted the application under the slip rule to correct a clerical error in its earlier judgment. The court held that section 99 of the Civil Procedure Act permits correction of accidental slips or omissions at any time. The error stating that evidence was explained in Acholi and English was corrected to reflect the true position that it was explained in Ateso and English, consistent with the lower court record.

Outcome

Clerical error in judgment corrected to reflect accurate record

Facts

The applicant, who was the successful party in Civil Appeal No. 26 of 2021, sought correction of a clerical error in the High Court's judgment dated 12 April 2022. At page 10 paragraph 15 of that judgment, the court erroneously stated that the respondent's witness statement and evidence in chief was explained to him in Acholi and English. The lower court record in Civil Suit No. 007 of 2014 clearly showed that the evidence was explained in Ateso and English. The respondent was served with the application but did not file a reply. The application proceeded ex parte.

Issues

  1. Whether the court should correct a clerical error in its judgment under the slip rule where the judgment incorrectly stated that evidence was explained to the respondent in Acholi and English instead of Ateso and English.

Orders

  • Application allowed.
  • The judgment of this court at page 10 paragraph 15 in Civil Appeal No. 0026 of 2021 is ordered to be adjusted to read: 'The Respondent witness statement / evidence in chief was explained to him in Ateso and English'.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Slip Rule — Scope and Application
The slip rule under 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 of any party.
Civil Procedure — Slip Rule — Limitations on Exercise of Jurisdiction
The slip rule does not permit a court to alter the substance of a judgment or orders made earlier; it is only for purposes of correcting clerical errors and giving effect to the manifest intention of the court when it gave its judgment.
Civil Procedure — Slip Rule — Correction to Reflect Court Record
Where a judgment contains a clerical error that misrepresents the record of proceedings, the court may exercise its inherent jurisdiction under the slip rule to correct the error to reflect the true position and give effect to what clearly would have been the intention of the court had the matter not been inadvertently omitted or misstated.

Legislation cited (5)

Cases cited (2)

  • John Sanyu Katuramu and 49 Others v Attorney General (Constitutional Application No. 1 of 2016)
  • Lakhamshi Brothers Limited v R Raja & Sons [1966] EA 313

Full judgment

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

Retired Col Omara v Abule (Miscellaneous Application 90 of 2022) [2023] UGHCCD 258 (21 March 2023)
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.