[2014] UGHCCD 83

[2014] UGHCCD 83

The court found that the original suit was not heard and no judgment was made, rendering Order 46 of the Civil Procedure Rules inapplicable for review. The dismissal was under Order 17 rule 6, which allows the plaintiff to bring a fresh suit subject to limitation laws. Therefore, the application for review lacked legal basis and was dismissed.

Citation
[2014] UGHCCD 83
Parties
Applicant: Otto Mathew; Respondent: Makerere University
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
23 June 2014
Case Number
Misc. Application No.443 of 2013
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed
Legal Topics
Review of Judgment, Dismissal of Suit, Limitation Periods
Source Language
English
Civil Procedure Review of Judgment Dismissal of Suit Limitation Periods

Case Brief

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Parties

Otto Mathew

Applicant

Makerere University

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the dismissal order of 20th February 2013 in High Court Civil Suit 68 of 2008 should be reviewed and set aside.
  2. 2 Whether the applicant is entitled to reinstatement of the dismissed suit.
  3. 3 Whether the application for review is legally tenable under the Civil Procedure Rules.

Ratio Decidendi

The court found that the original suit was not heard and no judgment was made, rendering Order 46 of the Civil Procedure Rules inapplicable for review. The dismissal was under Order 17 rule 6, which allows the plaintiff to bring a fresh suit subject to limitation laws. Therefore, the application for review lacked legal basis and was dismissed.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • No order as to costs.