Solomon Serwagi Kasirye v Bernard Muhangi Bamwine and 8 Others (CIVIL SUIT NO. 645 OF 2018; MISC APPLIC NO. 2931 OF 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court has jurisdiction under the Slip Rule (section 99 of the Civil Procedure Act) to correct a clerical error in a judgment even where an appeal is pending, provided the correction gives effect to the manifest intention of the court and does not affect the substance of the orders. The words 'at any time' in section 99 permit amendment after an appeal has been lodged. The only impediment would be intervening circumstances rendering correction inexpedient or inequitable.
Outcome
Clerical error in judgment corrected under the Slip Rule; the plaintiff's entitlement to one third of the suit land now correctly recorded as 25 Hectares instead of 25 acres.
Facts
In Civil Suit No. 645 of 2018, judgment was delivered on 29 August 2023 awarding the plaintiff one third of land measuring 76 hectares. The judgment stated this as equivalent to '25 acres'. The plaintiff applied under the Slip Rule to correct this to '25 Hectares', arguing it was a clerical error. The 1st, 2nd, 3rd and 8th respondents opposed, contending that an appeal (Civil Appeal No. 68 of 2024) was pending and the Slip Rule could not be invoked after an appeal had been lodged. The respondents argued the correction would affect the merits of the appeal and that there had been inordinate delay (over two years).
Issues
- Whether the Court has jurisdiction to rectify its orders issued in Civil Suit No. 645 of 2018, out of which the respondents have a pending Civil Appeal No. 68 of 2024.
Orders
- Application allowed.
- Order No. 3 at page 32 of the Judgment in High Court Civil Suit No. 645 of 2018 amended to substitute '25 Hectares' for '25 acres'.
- No order as to costs.
Rules and key headnotes
Legislation cited (3)
Cases cited (3)
- Quick Service v Thakrar [1958] EA 358
- Vallabhdas Karsandas Raniga v Mansukhlal Jivraj and others [1965] EA 700
- Moore v Buchanan [1967] 3 All ER 273
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.