Kiyaga v Byarubaska and 2 Others (Civil Review 3077 of 2023) [2024] UGHCLD 139 (23 May 2024)

# THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DIVISION)

## CIVIL (REVIEW) APPLICATION NO. 3077 OF 2023

### **APPLICANT KIYAGA EDWARD :::::::::::::::::::::::::::::::::** VERSUS

#### BYARUBASIKA RAMATHAN **1.**

#### NYIRANZIRA DORAH Alias KABAGANDA DORA BWIRE $2.$

### **BWIRE HENRY ::::::::::::::::::::::::::::::::::::** 3. **BEFORE: HON. LADY JUSTICE FLAVIA NASSUNA MATOVU RULING:**

After carefully studying the entire record of proceeding I notice that the instant application is a replica of MA No.131/2023.

The parties in the instant application are the same as those in MA No. 131/2023.

All the issues intended to be raised in this application were disposed of in MA No. 131/2023 & ruling was delivered on 12/09/2023.

The instant application is not only resjudicata but also an abuse of court process. The same is accordingly hereby struck off in accordance with provisions of S.17(2) of the Judicature Act, with no orders as to costs since the same had not been fixed for hearing.

> **FLAVIA NASSUNA MATOVU JUDGE** 23/5/2024