Wakilii

Uganda Crop Industries Limited v Kensington Africa Limited (Civil Miscellaneous Application No. 1307 of 2019)

High Court · [2021] UGHCLD 139 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to correct omission in court order regarding interest calculation arising from Civil Suit No. 510 of 2015
Decision
Omission in interest order corrected to specify monthly accrual

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court corrected an omission in its earlier order by clarifying that interest rates of 0.5% and 1% accrue per month, not per annum. The court exercised its power under section 99 of the Civil Procedure Act to rectify the ambiguity in the interest calculation order.

Outcome

Omission in interest order corrected to specify monthly accrual

Facts

The applicant's counsel wrote to the court on 31st August 2021 pointing out that the order extracted from Miscellaneous Application No. 1307 of 2019 was unclear as to whether interest of 0.5% on outstanding balance from 1st January 2014 till judgment and 1% from judgment till payment accrued per month or per annum. The extracted order was silent on this point, yet the applicant had prayed for interest per month in the original application. The court found this to be an omission requiring correction.

Issues

  1. Whether the court could correct an omission in its order regarding the accrual period of interest under section 99 of the Civil Procedure Act.

Orders

  • Interest of 0.5% per month shall be paid on any outstanding balance, calculated with effect from 1st January 2014, till judgement is delivered.
  • 1% interest per month to be made from the date of judgement till payment in full.
  • No orders made for costs.

Rules and key headnotes

Civil Procedure — Correction of Judgments and Orders — Section 99 Civil Procedure Act — Power to Correct Errors or Omissions
A court has power under section 99 of the Civil Procedure Act to correct any errors or omissions in a judgment, decree or order at any time, either on its own motion or on the application of any of the parties.
Civil Procedure — Interest Awards — Specification of Accrual Period — Omission to State Whether Per Month or Per Annum
Where a court orders payment of interest but fails to specify whether the rate accrues per month or per annum, this constitutes an omission that can be corrected under section 99 of the Civil Procedure Act, particularly where the applicant had made clear their claim for monthly interest.

Legislation cited (1)

Full judgment

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Uganda_Crop_Industries_Limited_v_Kensington_Africa_Limited_(Civil_Miscellaneous_Application_No._1307_of_2019)_[2021]_UGHCLD_139_(27_September_2021)
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.