Ogweyo v Oguttu (HCT-04-CV-CA-0177-2013) [2016] UGHCLD 79 (21 November 2016);


Search Summary: 

The appellant was aggrieved by the decision of the lower Magistrate’s court on grounds that the learned trial Magistrate erred in law by disregarding the appellant’s plea of res judicata and secondly, the trial Magistrate failed to properly evaluate all the evidence on record hence a miscarriage of justice.

Headnote and Holding: 

On the ground of res judicata, the court held that the plaintiff/respondent went to court without locus standi because he introduced in court a cause of action which was already litigated upon by his father against the respondent’s guardian and it had been settled by court. The matter was res judicata and could not be reopened by the plaintiff.


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