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Sanlam General Insurance Limited v Quality Milk Dairies Limited (Miscellaneous Application 51 of 2023)

High Court · [2023] UGCOMMC 285 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of order dismissing Miscellaneous Application No. 257 of 2022
Decision
Order of dismissal set aside and underlying application reinstated for determination on the merits

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 court granted review of an order dismissing Miscellaneous Application No. 257 of 2022. The dismissal was made in error because written submissions had been filed by both parties in September 2022 as agreed, but this was not brought to the court's attention when the matter came up on 2 November 2022. The court found an error on the face of the record and set aside the dismissal order, reinstating the application.

Outcome

Order of dismissal set aside and underlying application reinstated for determination on the merits

Facts

Miscellaneous Application No. 257 of 2022 came up for hearing on 2 November 2022. Both parties had previously agreed to file written submissions, which they did on 5, 8, and 23 September 2022 respectively via ECCMIS. The applicant understood the matter was coming up for ruling, though this was not communicated by the court. When the matter came up on 2 November 2022, the fact that submissions had been filed was not brought to the court's attention, and the application was dismissed. The applicant then brought this review application. The court verified on ECCMIS that submissions had indeed been filed by all parties in September 2022.

Issues

  1. Whether this is a proper matter for review of the order of dismissal of Miscellaneous Application No. 257 of 2022 made on 2 November 2022.

Orders

  • The order dismissing Miscellaneous Application No. 257 of 2022 is set aside.
  • Miscellaneous Application No. 257 of 2022 is reinstated.
  • Costs shall be in the cause.

Rules and key headnotes

Review — Error on Face of Record — Dismissal Without Considering Filed Submissions
Where parties have filed written submissions as agreed and the court dismisses an application without considering those submissions because the fact of their filing was not brought to the court's attention, this constitutes an error on the face of the record justifying review of the dismissal order.

Full judgment

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

Sanlam General Insurance Limited v Quality Milk Dairies Limited (Miscellaneous Application 51 of 2023) [2023] UGCommC 285 (15 May 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.