[2024] UGHCLD 139
The court found that the present application was a replica of an earlier application (MA No. 131/2023) involving the same parties and issues, which had already been disposed of. Therefore, the application was res judicata and constituted an abuse of court process. The court exercised its powers under Section 17(2)...
Source-derived case information.
- Citation
- [2024] UGHCLD 139
- Parties
- Applicant: Kiyaga Edward; Respondent: Byarubasika Ramathan; Respondent: Nyiranzira Dorah Alias Kabaganda Dora Bwire; Respondent: Bwire Henry
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Civil Review 3077 of 2023
- Procedural Posture
- Civil Review Application / Ruling
- Outcome
- application struck out as res judicata and abuse of process
- Judges
- Nassuna Matovu, J
- Legal Topics
- Res Judicata, Abuse of Process, Striking Out Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiyaga Edward
Applicant
Byarubasika Ramathan
Respondent
Nyiranzira Dorah Alias Kabaganda Dora Bwire
Respondent
Bwire Henry
Respondent
Procedural Posture
Civil Review Application / Ruling
Legal Issues
- 1 Whether the application is res judicata in light of the previous ruling in MA No. 131/2023.
- 2 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that the present application was a replica of an earlier application (MA No. 131/2023) involving the same parties and issues, which had already been disposed of. Therefore, the application was res judicata and constituted an abuse of court process. The court exercised its powers under Section 17(2) of the Judicature Act to strike out the application, noting that no costs would be awarded as the matter had not been fixed for hearing.
Court Disposition
application struck out as res judicata and abuse of process
Orders
- The application is struck off in accordance with Section 17(2) of the Judicature Act.
- No orders as to costs.
Full Case Text
Judgment text and source record
11 paragraphs
# THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DIVISION)
## CIVIL (REVIEW) APPLICATION NO. 3077 OF 2023
### **APPLICANT KIYAGA EDWARD :::::::::::::::::::::::::::::::::** VERSUS
#### BYARUBASIKA RAMATHAN **1.**
#### NYIRANZIRA DORAH Alias KABAGANDA DORA BWIRE $2.$
### **BWIRE HENRY ::::::::::::::::::::::::::::::::::::** 3. **BEFORE: HON. LADY JUSTICE FLAVIA NASSUNA MATOVU RULING:**
After carefully studying the entire record of proceeding I notice that the instant application is a replica of MA No.131/2023.
The parties in the instant application are the same as those in MA No. 131/2023.
All the issues intended to be raised in this application were disposed of in MA No. 131/2023 & ruling was delivered on 12/09/2023.
The instant application is not only resjudicata but also an abuse of court process. The same is accordingly hereby struck off in accordance with provisions of S.17(2) of the Judicature Act, with no orders as to costs since the same had not been fixed for hearing.
> **FLAVIA NASSUNA MATOVU JUDGE** 23/5/2024