He argued that' the injustice caused was even appreciated by
neighbours, village local council and the son of the decree holder.
He made reference to the affidavit of Rev. Richard Baguma who
was a Gombolola chief in 1965 and who had at that time
approved the plans concerning developments on Kezia’s land
which had now been taken during the execution.
He submitted that this injustice caused by this court’s judgment’s failure to clearly define the decree holder’s land can be corrected by this court applying the slip rule under Rules 2(2) and 35 of the Rules of this court.
He cited the cases of Orient Bank Limited vs. Fredrick Zaabwe
& Anor SC Civil Application No. 17 of 2007, Fang Min vs. Dr.
Kaijuka Mutabazi Emmanuel, SCCA No. 06 of 2009, Vallabhadas Karsandas Raniga vs. Mansukhal Jurraj & Ors
(1965) E.A. 700 to show that the courts had power to amend
their judgments, decrees and orders for achieving the ends of justice for the purpose of giving effect to the intention of the courts at the time when judgment was given.
In his oral submissions learned counsel for the respondent raised
several issues contained in the respondent’s affidavit in reply to