Tumwine v Tindikyeitira (Miscellaneous Application 169 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted a consequential order for vacant possession of residential property previously decreed to the applicant. Although the prayer for vacant possession was omitted from the original pleadings, the court held that such an order was necessary in the interests of justice to enable the applicant to enjoy the fruits of his judgment, as the property remained locked and inaccessible by the respondent whose whereabouts were unknown.
Outcome
Consequential order for vacant possession granted to enable applicant to access property decreed in his favour
Facts
The applicant was declared the lawful owner of residential property comprised in FRV HQT 948, Folio 16, Block 17, Plot 952 in Hoima Municipality pursuant to judgment in Civil Suit No. 228 of 2022, which proceeded ex parte against the respondent. The prayer for vacant possession was omitted from the pleadings and therefore not included in the orders granted. The respondent locked the gate and house rendering the property inaccessible, and her whereabouts became unknown. The court had visited the locus during the main suit and ascertained these facts. The applicant sought a consequential order for vacant possession to give effect to the judgment and enable him to access the property.
Issues
- Whether the court should grant a consequential order for vacant possession where such relief was omitted from the original pleadings but is necessary to give effect to the judgment.
Orders
- Application granted.
- Consequential order issued granting the Applicant vacant possession of land and residential house comprised in FRV HQT 948, Folio 16, Block 17, Plot 952 situate at Kigaragara, L.C1 Busiisi Division, Hoima Municipality in Hoima District.
- No order as to costs.
Rules and key headnotes
Legislation cited (4)
- Civil Procedure Act s.98
- Judicature Act s.37
- Civil Procedure Rules O.52 rr.1
- Civil Procedure Rules O.52 r.3
Cases cited (4)
- Kalibala and Another v Attorney General (Miscellaneous Application No. 70 of 2015)
- Beatrice Odongo v Tamp Engineering Consultants Ltd and 2 Others (Miscellaneous Application No. 129 of 2023)
- Registered Trustees of Apostolic Church Vs Okorolemi (1990) 6 NWLR
- Kanohiri Feddy v Tumusiime Rovina and Another (Miscellaneous Application No. 336 of 2023)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.