[2024] UGCA 338
The court found that the error in the name of the respondent's advocate was a clerical mistake arising from an accidental slip or omission. Pursuant to Rule 36(1) of the Judicature (Court of Appeal Rules), the court has the authority to correct such errors at any time to reflect its true intention. The court...
Source-derived case information.
- Citation
- [2024] UGCA 338
- Parties
- Applicant: Yessero Mugenyi; Applicant: S & M Holdings Ltd; Respondent: Abdul Nasser
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application 1150 of 2023 ; Civil Application 526 of 2023
- Procedural Posture
- Miscellaneous Application / Post Judgment Correction
- Outcome
- clerical error corrected
- Judges
- Mulyagonja, JA, Kihika ,JA, Kazibwe, JA
- Legal Topics
- Clerical Error Correction, Court of Appeal Rules, Accidental Slip or Omission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yessero Mugenyi
Applicant
S & M Holdings Ltd
Applicant
Abdul Nasser
Respondent
Procedural Posture
Miscellaneous Application / Post Judgment Correction
Legal Issues
- 1 Whether the court should correct a clerical error in the name of the respondent's advocate in its ruling as permitted by Rule 36(1) of the Court of Appeal Rules.
Ratio Decidendi
The court found that the error in the name of the respondent's advocate was a clerical mistake arising from an accidental slip or omission. Pursuant to Rule 36(1) of the Judicature (Court of Appeal Rules), the court has the authority to correct such errors at any time to reflect its true intention. The court therefore ordered that the name 'Peter Kasaija' be corrected to 'Ita Kasaija' in the ruling, thereby rectifying the record and ensuring accuracy in the court's proceedings.
Court Disposition
clerical error corrected
Orders
- The name of the respondent's advocate at page 3 of the ruling is corrected from 'Peter Kasaija' to 'Ita Kasaija'.
Full Case Text
Judgment text and source record
19 paragraphs
# THE COURT OF APPEAL OF UGANDA AT KAMPALA CIVIL APPLICATIONS NO. 526 & 1150 OF 2023
Coram: Mulyagonja, Kihika & Kazibwe Kawumi, JJA
### **BETWEEN**
#### 1. YESSERO MUGENYI 2. S & M HOLDINGS LTD **:::::::::::::::::::::::::::::::::::::**
### AND
## **ABDUL NASSER**
**:::::::::::::::::::::::::::::::::::::**
### ORDER
By letter dated the 15<sup>th</sup> October 2024, addressed to the Registrar of this court, counsel for the respondents drew it to the attention of the court that there was an error in the name of one of the Advocates that represented the Respondent, at page 3 of the Ruling of the Court. Court was informed that the name of the Advocate is "Ita Kasaija," not "Peter Kasaija," as it was written in the ruling. Counsel prayed that the error be corrected.
Rule 36 (1) of the Judicature (Court of Appeal Rules, Directions, SI 13-10 provides as follows:
## 36. Correction of errors.
(1) A clerical or arithmetical mistake in any judgment of the court or any error arising in it from an accidental slip or omission may, at any time, whether before or after the judgment has been embodied in a decree, be corrected by the court concerned, either of its own motion or on the application of any interested person so as to give effect to what was the intention of the court when judgment was given.
$\mathbf{1}$
The error in the ruling of the court was noticed after its delivery on 15<sup>th</sup> September 2024. The court apologises to counsel for any inconvenience that this may have caused by the error.
Accordingly, the error at page 3 of the ruling of the court where the name of one of the Advocates for the Respondent was written as "Peter Kasiaja" is hereby corrected to read "Ita Kasaija."
Dated at Kampala this $31$ <sup>St</sup> Day of October 2024.
Irene Mulyagonja **JUSTICE OF APPEAL**
Oscar John Kihika JUSTICE OF APPEAL
Moses Kazibwe Kawumi **JUSTICE OF APPEAL**