Institution of proceedings

Mohamed Alibhai v W.E. Bukenya Mukasa & Anor (CIVIL APPEAL NO. 56 OF 1996 ) [1996] UGSC 2 (15 August 1996);


Search Summary: 

This was an appeal against the dismissal of an application for review on grounds that, the trail judge erred in holding that there was no sufficient evidence in support of the application for review of a consent judgment, and that he erred when he held that there was sufficient evidence to prove that the appellant’s claim that the consent judgment and decree were made under a misrepresentation.


Headnote and Holding: 

From the facts of the case, it was found that the appellant was not party to the consent judgment sought to be reviewed, and thus he could not be considered as an aggrieved party to clothe himself with the right to present the application for review. Therefore, the appellant had no locus to bring the application. Thus, the court found that the application had been rightly dismissed.


Accordingly, the appeal too was dismissed with costs to the respondent.


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