[2017] UGHCCD 150

[2017] UGHCCD 150

The court found that the applicant failed to demonstrate an error apparent on the face of the record. The award of UGX 30,000,000 in general damages was not limited to loss of job and earnings but also covered harm to reputation, mental and emotional suffering, and other factors. The numerical error regarding the number of council members who voted for the respondent's censure was immaterial, as the number still fell short of the statutory requirement for a valid resolution. The applicant's arguments required examination and were more appropriate for an appeal rather than a review. Consequently, the application for review was dismissed as no sufficient ground for review was established.

Citation
[2017] UGHCCD 150
Parties
Applicant: Mpigi Town Council; Respondent: Jamil Kisuule
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
21 September 2017
Case Number
MISCELLANEOUS APPLICATION NO. 06 OF 2016
Procedural Posture
Miscellaneous Application / Ruling on Application for Review of Judgment
Outcome
application dismissed with costs
Judges
Musene, J
Legal Topics
Review of Judgment, Error Apparent on Face of Record, Local Government Council Resolutions, General Damages Award
Source Language
English
Civil Procedure Land and Property Review of Judgment Error Apparent on Face of Record Local Government Council Resolutions General Damages Award

Case Brief

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Parties

Mpigi Town Council

Applicant

Jamil Kisuule

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Review of Judgment

Legal Issues

  1. 1 Whether there was an error apparent on the face of the record in the award of general damages to the respondent.
  2. 2 Whether the applicant was entitled to a review of the court's orders in HCCS No. 157 of 2013.

Ratio Decidendi

The court found that the applicant failed to demonstrate an error apparent on the face of the record. The award of UGX 30,000,000 in general damages was not limited to loss of job and earnings but also covered harm to reputation, mental and emotional suffering, and other factors. The numerical error regarding the number of council members who voted for the respondent's censure was immaterial, as the number still fell short of the statutory requirement for a valid resolution. The applicant's arguments required examination and were more appropriate for an appeal rather than a review. Consequently, the application for review was dismissed as no sufficient ground for review was established.

Court Disposition

application dismissed with costs

Orders

  • The application for review is dismissed with costs to the respondent.