[2021] UGHCLD 139
The court found that the omission in the original order regarding the accrual period of interest was an error that could be corrected under Section 99 of the Civil Procedure Act. The applicant had clearly prayed for interest to accrue per month, and the court had intended to grant this relief. Therefore, the order...
Source-derived case information.
- Citation
- [2021] UGHCLD 139
- Parties
- Applicant: Uganda Crop Industries Limited; Respondent: Kensington Africa Ltd
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Civil Miscellaneous Application No. 1307 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application for correction of omission in order granted.
- Judges
- Nkonge, J
- Legal Topics
- Correction of Judgment, Interest on Decree, Omission in Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda Crop Industries Limited
Applicant
Kensington Africa Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the omission in the order regarding the rate and accrual period of interest should be corrected.
- 2 Whether the interest awarded should accrue per month or per annum as prayed for by the applicant.
Ratio Decidendi
The court found that the omission in the original order regarding the accrual period of interest was an error that could be corrected under Section 99 of the Civil Procedure Act. The applicant had clearly prayed for interest to accrue per month, and the court had intended to grant this relief. Therefore, the order was corrected to specify that interest of 0.5% per month shall be paid on any outstanding balance from 1st January 2014 until judgment, and 1% interest per month from the date of judgment until payment in full.
Court Disposition
Application for correction of omission in order granted.
Orders
- Interest of 0.5% per month shall be paid on any outstanding balance, calculated with effect from 1st January 2014, till judgement is delivered.
- Interest of 1% per month shall be paid from the date of judgement till payment in full.
Full Case Text
Judgment text and source record
25 paragraphs
## THE REPUBLIC OF UGANDA
# IN THE HIGH COURT OF UGANDA AT KAMPALA
# (LAND DIVISION)
# **MISCELLANEOUS APPLICATION NO. 1307 OF 2019**
### (ARISING FROM CIVIL SUIT NO.510 OF 2015)
UGANDA CROP INDUSTRIES LIMITED::::::::::::::::::::::::::::::::::::
# **VERSUS**
KENSINGTON AFRICA LTD::::::::::::::::::::::::::::::::::::
#### Before: Lady Justice Alexandra Nkonge Rugadya. 10
# **RULING:**
This correction of an omission was initiated by way of letter written by counsel for the applicant. from the contents of that letter dated 31<sup>st</sup> August, 2021, the order extracted by counsel provides that interest of 0.5% shall be paid on any outstanding balance, calculated
with effect from 1<sup>st</sup> January 2014, till judgement is delivered and 1% interest to be made from 15 the date of judgement till payment.
The gist is that the order/decree as stated by the applicant is unclear as to whether the quantum of interest accrues per month or per annum since the order extracted is silent on the same yet the applicant in its application prayed for interest per month.
### Consideration. 20
$\overline{5}$
Section 99 of the Civil Procedure Act, Cap 71 empowers this court to correct any errors or omissions in a judgement, decree or order anytime, either on its own motion or on the application of any of the parties.
In the present case, a perusal of the ruling and orders of this court in respect of Miscellaneous Application No.1307 of 2019 reveals that this court issued orders as to 25 interest as pointed out above but did not specify when the same accrues.
Given the specific circumstances of that case which court had duly taken into account, this was clearly an omission on the side of court given the fact that the plaintiff had made clear their claim. The same can be rectified by this court as per Section 99 (supra.)
In the circumstances, the order in *Miscellaneous Application No.1307 of 2019*, in respect 30 to the amount of interest to be paid is hereby corrected to read:
- 1. Interest of 0.5% per month shall be paid on any outstanding balance, calculated with effect from $1^{st}$ January 2014, till judgement is delivered and 1% interest per month to be made from the date of judgement till payment in full. - I so order. $\mathsf{S}$
No orders made for costs.
habe. $\sqrt{a}$ Alexandra Nkonge Rugadya
Judge
27<sup>th</sup> September 2021. 10
Debuad wa enail<br>Ombolg<br>G.<br>29/9/2021