The Management Committee of Buwenda Primary School v Wanyama Peter, Okello Joseph, Ochieng Joseph & The Registered Trustees of the Church of Uganda - Busoga Diocese (Miscellaneous Cause 212 of 2021)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court held that an application to review a consent judgment allegedly obtained by fraud may be properly instituted by Notice of Motion under Order 46 of the Civil Procedure Rules. The court rejected the preliminary objection that fraud must be proved by way of substantive suit, finding that Civil Procedure Rules specifically provide for Motion on Notice as the mode of institution for applications for review. The objection was dismissed with costs in the cause.

Outcome

Preliminary objection dismissed; application for review to proceed

Facts

The applicant sought to review and set aside a consent judgment entered in Land Civil Suit No. 065 of 2019 between the respondents, claiming it was obtained by fraud, illegality, collusion and was contrary to court policy. The applicant also sought to be joined as a defendant and have the matter heard de novo. Counsel for the 4th respondent raised a preliminary objection contending that where fraud is alleged, proceedings should be instituted by way of substantive suit and not by Notice of Motion, arguing that the standard of proof for fraud requires calling witnesses. The applicant opposed the objection, citing recent authorities showing that fraud can be proved by affidavit evidence in review applications.

Issues

1. Whether this application for review involving fraud was instituted under the correct procedure prescribed under the law.

Orders

• Objection dismissed.
• Costs shall be in the cause.

Rules and key headnotes

Legislation cited (6)

• Civil Procedure Act s.82
• Civil Procedure Act s.98
• Civil Procedure Rules O.46 R.1
• Civil Procedure Rules O.52 R.1
• Civil Procedure Rules O.52 R.3
• Civil Procedure Rules O.46 R.8

Cases cited (13)

• Sanyu Lwanga Musoke v Yakobo Ntate Mayanja (Supreme Court Civil Appeal No. 59 of 1995)
• Hannington Wasswa and Another v Maria Onyango Ochola (Supreme Court Civil Appeal No. 22 of 1993)
• Col (Rtd) Besigye Kizza v Museveni and Electoral Commission (Election Petition No. 1 of 2006)
• Blyth-v-Blyth (1966) A.C 643
• Kampala Bottlers Ltd v Damanico (U) Ltd (Supreme Court Civil Appeal No. 22 of 1992)
• Okello Charles Engola v Electoral Commission and Another (Election Petition No. 26 and 94 of 2016)
• Innocent Odama Atriason v St. Daniel Comboni College (Miscellaneous Application No. 0007 of 2017)
• Jonesco v. Beard [1930] AC 298
• de Lasala y. de Lasala [1980] AC 546
• Hirani vy. Kassam [1952] EA 131
• Attorney General and Another v James Mark Kamoga and Others (Supreme Court Civil Appeal No. 8 of 2004)
• Babigumira John and Others v Hoima Council (High Court)
• Pavement Civil Works Ltd v Andrew Kirungi (High Court Miscellaneous Application No. 292 of 2002)

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Management Committee of Buwenda Primary School v Wanyama and 3 Others (Misc Cause 212 of 2021)
• The Management Committee of Buwenda Primary School v Wanyama Peter, Okello Joseph, Ochieng Joseph & The Registered Trustees of the Church of Uganda -(2)

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