[2023] UGHCFD 192
The court found that the application sought reliefs that had already been conclusively determined in previous applications (Miscellaneous Applications No. 86 of 2023 and No. 143 of 2023) involving the same parties and subject matter. Section 7 of the Civil Procedure Act was applied, which prohibits courts from...
Source-derived case information.
- Citation
- [2023] UGHCFD 192
- Parties
- Applicant: Johka Print Machinery Ltd; Applicant: Kiggundu Erick; Respondent: Teddy Kyeyune Kaddu; Respondent: Commissioner Land Registration
- Court
- HC: Family Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application 542 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed as res judicata
- Judges
- Komuhangi, J
- Legal Topics
- Res Judicata, Review of Judgment, Divorce Property, Land Title Reinstatement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johka Print Machinery Ltd
Applicant
Kiggundu Erick
Applicant
Teddy Kyeyune Kaddu
Respondent
Commissioner Land Registration
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the application is barred by res judicata.
- 2 Whether the judgment in Divorce Cause No. 02 of 2018 should be reviewed and set aside.
- 3 Whether the certificate of title should be reinstated to its former position.
Ratio Decidendi
The court found that the application sought reliefs that had already been conclusively determined in previous applications (Miscellaneous Applications No. 86 of 2023 and No. 143 of 2023) involving the same parties and subject matter. Section 7 of the Civil Procedure Act was applied, which prohibits courts from trying issues that have already been directly and substantially decided in a former suit between the same parties. The court held that the application was barred by res judicata and therefore dismissed it with costs to the 1st respondent.
Court Disposition
application dismissed as res judicata
Orders
- The application is dismissed for being res judicata.
- Costs are awarded to the 1st respondent.
Full Case Text
Judgment text and source record
24 paragraphs
# **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA (FAMILY DIVISION) MISCELLANEOUS APPLICATION 542 OF 2023** 5 **(ARISING OUT OF DIVORCE CAUSE NO. 0002 OF 2018)**
### **1. JOHKA PRINT MACHINERY LTD**
**2. KIGGUNDU ERICK==========================APPLICANTS**
### **VERSUS**
### 10 **1. TEDDY KYEYUNE KADDU**
### **2. COMMISSIONER LAND REGISTRATION=======RESPONDENTS**
# **BEFORE: HON. LADY JUSTICE ALICE KOMUHANGI KHAUKHA RULING**
### 15 **Introduction**
This is a Ruling in respect of an Application for Orders that:
- (a) The Judgment in Divorce Cause No. 02 of 2018 be reviewed and set aside; - (b)The Certificate of Title comprised in Kyadondo Block 246 Plot 1635 land at Kyeitabye be reinstated to its former position before the Judgment; and - 20 (c) Costs of this Application be in the cause.
### **Representation**
When the Application came up for hearing, the Applicants were represented by Ms. Judith Tumusiime of Katende Ssempebwa & Co. Advocates while the 1st
25 Respondent was represented by Ms. Lydia Tamale Nakamalira of Tamale & Co. Advocates. The 2nd Respondent was neither in Court nor represented.
### **Court's Decision**
Upon thorough perusal of the Application and the reliefs sought, I find that the same have been conclusively determined in Miscellaneous Applications No. 86 of 2023 and Miscellaneous Application No. 143 of 2023. Section 7 of the Civil Procedure
5 Act provides that:
*"No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try the subsequent suit in which the issue has been subsequently raised, and has been heard and*
10 *finally decided by that Court"*
This Application is therefore dismissed for being *res judicata* with costs to the 1st Respondent.
## **Dated at Kampala this 12th** 15 **day of October 2023.**
Alice Komuhangi Khaukha
20 **JUDGE**
12/10/2023