[2016] UGHCLD 25

[2016] UGHCLD 25

The application for review does not meet the statutory conditions under Section 82 of the Civil Procedure Act and Order 46 rule 1 of the Civil Procedure Rules. The applicant failed to demonstrate discovery of new and important evidence, mistake or error apparent on the face of the record, or any sufficient reason analogous to these. The grounds advanced are either afterthoughts or matters that could have been raised in the main suit but were not. The court order sought to be reviewed was made with the participation and consensus of counsel for both parties, and the applicant cannot now set up a new defence through a review application. The professional survey evidence confirms the...

Citation
[2016] UGHCLD 25
Parties
Applicant: Prof. Dr. G. W. Kanyeihamba; Respondent: Nile Construction General Contractors Ltd.; Respondent: Engineer Sertzu Merskel
Court
HC: Land Division (Uganda)
Jurisdiction
Uganda
Judgment Date
11 November 2016
Case Number
Miscellaneous Application No. 485 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Application for Review of Court Order
Outcome
application dismissed with costs
Judges
Bashaija, J
Legal Topics
Review of Court Orders, Specific Performance, Land Transfer Disputes, Contempt of Court
Source Language
English
Civil Procedure Land and Property Review of Court Orders Specific Performance Land Transfer Disputes Contempt of Court

Case Brief

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Parties

Prof. Dr. G. W. Kanyeihamba

Applicant

Nile Construction General Contractors Ltd.

Respondent

Engineer Sertzu Merskel

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Review of Court Order

Legal Issues

  1. 1 Whether the application meets the conditions for review under Section 82 of the Civil Procedure Act and Order 46 rule 1 of the Civil Procedure Rules.
  2. 2 What remedies are available to the parties.

Ratio Decidendi

The application for review does not meet the statutory conditions under Section 82 of the Civil Procedure Act and Order 46 rule 1 of the Civil Procedure Rules. The applicant failed to demonstrate discovery of new and important evidence, mistake or error apparent on the face of the record, or any sufficient reason analogous to these. The grounds advanced are either afterthoughts or matters that could have been raised in the main suit but were not. The court order sought to be reviewed was made with the participation and consensus of counsel for both parties, and the applicant cannot now set up a new defence through a review application. The professional survey evidence confirms the...

Court Disposition

application dismissed with costs

Orders

  • The application for review is dismissed with costs.
  • The applicant is given up to 15/11/2016 to comply with court orders in HCCS No.024 of 2016.