Johka Print Machinery Limited & Another v Kaddu & Another (Miscellaneous Application 542 of 2023) [2023] UGHCFD 192 (12 October 2023)

# **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA (FAMILY DIVISION) MISCELLANEOUS APPLICATION 542 OF 2023** 5 **(ARISING OUT OF DIVORCE CAUSE NO. 0002 OF 2018)**

### **1. JOHKA PRINT MACHINERY LTD**

**2. KIGGUNDU ERICK==========================APPLICANTS**

### **VERSUS**

### 10 **1. TEDDY KYEYUNE KADDU**

### **2. COMMISSIONER LAND REGISTRATION=======RESPONDENTS**

# **BEFORE: HON. LADY JUSTICE ALICE KOMUHANGI KHAUKHA RULING**

### 15 **Introduction**

This is a Ruling in respect of an Application for Orders that:

- (a) The Judgment in Divorce Cause No. 02 of 2018 be reviewed and set aside; - (b)The Certificate of Title comprised in Kyadondo Block 246 Plot 1635 land at Kyeitabye be reinstated to its former position before the Judgment; and - 20 (c) Costs of this Application be in the cause.

### **Representation**

When the Application came up for hearing, the Applicants were represented by Ms. Judith Tumusiime of Katende Ssempebwa & Co. Advocates while the 1st

25 Respondent was represented by Ms. Lydia Tamale Nakamalira of Tamale & Co. Advocates. The 2nd Respondent was neither in Court nor represented.

### **Court's Decision**

Upon thorough perusal of the Application and the reliefs sought, I find that the same have been conclusively determined in Miscellaneous Applications No. 86 of 2023 and Miscellaneous Application No. 143 of 2023. Section 7 of the Civil Procedure

5 Act provides that:

*"No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try the subsequent suit in which the issue has been subsequently raised, and has been heard and*

10 *finally decided by that Court"*

This Application is therefore dismissed for being *res judicata* with costs to the 1st Respondent.

## **Dated at Kampala this 12th** 15 **day of October 2023.**


Alice Komuhangi Khaukha

20 **JUDGE**

12/10/2023