[2012] UGCA 61
The Court of Appeal unanimously held that the intention expressed in its previous judgment regarding the guardianship order would only be fully realized by deleting condition 1(e). The application for review was granted, and condition 1(e) was deleted as prayed. The court exercised its inherent jurisdiction to...
Source-derived case information.
- Citation
- [2012] UGCA 61
- Parties
- Applicant: Andrew Daniel Ribbens; Applicant: Sara Anne Marie Shepard Ribbens; Applicant: Matthew John Zimmermann; Applicant: Audrey Finitane Green Zimmerman; Respondent: Deborah Joyce Alitubeera; Respondent: Richard Masaba
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application No. 38 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application_granted
- Judges
- Mpagi-Bahigeine, DCJ, Nshimye, JA, Arach-Amoko JA
- Legal Topics
- Guardianship Order, Review of Judgment, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Daniel Ribbens
Applicant
Sara Anne Marie Shepard Ribbens
Applicant
Matthew John Zimmermann
Applicant
Audrey Finitane Green Zimmerman
Applicant
Deborah Joyce Alitubeera
Respondent
Richard Masaba
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the court should review its earlier judgment to delete condition 1(e) as prayed by the applicants.
- 2 Whether the deletion of condition 1(e) will give full effect to the court's intention regarding the guardianship order.
Ratio Decidendi
The Court of Appeal unanimously held that the intention expressed in its previous judgment regarding the guardianship order would only be fully realized by deleting condition 1(e). The application for review was granted, and condition 1(e) was deleted as prayed. The court exercised its inherent jurisdiction to ensure its orders accurately reflected its intention and the best interests of the children involved.
Court Disposition
application_granted
Orders
- Condition 1(e) in the previous judgment is deleted as prayed.
- The application for review is granted.
Full Case Text
Judgment text and source record
13 paragraphs
## THE REPUBLIC OF UGANDA
# IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
**CIVIL APPLICATION NO. 38 OF 2012** (Arising out of Civil Appeals No. 70 & 81 of 2011).
### **BETWEEN**
IN ATHE MATTER OF DEBORAH JOYCE ALITUBEERA AND RICHARD MASABA ::::::::::::::::::::::::::::::::::
#### **AND**
# AIN THE MATTER OF AN APPLICATION FOR A GUARDIANSHIP ORDER BY ANDREW DANIEL RIBBENS AND SARA ANNE MARIE SHEPARD RIBBENS AND MATTHEW JOHN ZIMMERMANN & AUDREY FINITANE GREEN ZIMMERMAN ::::::::::::::::::::::::::::::::::::
#### HON JUSTICE A. E. N. MPAGI BAHIGEINE, DCJ; CORAM: HON JUSTICE A. S. NSHIYE, JA; HON JUSTICE M. S. ARACH AMOKO, JA
## **RULING OF THE COURT:**
$\bigcirc$
We are of the unanimous view that our intention as expressed in our judgment will only be fully given effect to by reviewing it and deleting condition 1(e) expressed therein - the application is thus granted. Condition 1(e) is deleted as prayed.
$\therefore$ /...day of .... Dated at Kampala this. $...$ HON LADY A. E. N. MPAGI-BAHIGEINE, THE ORIGINAL HIEF IUÉTICÉ CERTIFIED DEPUT anda inneal Juuri Radistracy the $\xi_{\lambda}$ HONMR. JUSTICE A. S. NSHIMYE JUSTICE/OF APPEAL HON LADY JUSTICE M. S. ARACH AMOKO JUSTICE OF APPEAL
