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Omuron v Public service commission (Misc Cause No 200 of 2009) [2014] UGHCCD 162 (4 April 2014)
- Citation
- [2014] UGHCCD 162
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Civil Division (Uganda)
- Posture
- Miscellaneous Application / Ruling
- Case number
- Misc Cause No 200 of 2009
- Language
- English
More details
- Court
- HC: Civil Division (Uganda)
- Posture
- Miscellaneous Application / Ruling
- Case number
- Misc Cause No 200 of 2009
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the application against the Public Service Commission, a government body, cannot proceed directly as the entity is not a legal person and must be sued through the Attorney General in accordance with Article 250(2) of the Constitution and Section 110 of the Government Proceedings Act. The court referenced prior decisions, including CALEB ALAKA –VS– LAW COUNCIL, where similar objections were raised and the matter was referred to the Constitutional Court for interpretation. In light of the pending constitutional reference, the court determined that proceedings in the present case should be stayed until the Constitutional Court pronounces itself on the issue. The court emphasized the priority of constitutional matters over other proceedings and indicated that affected applicants may seek to be joined to the constitutional reference depending on its stage.
Court disposition
proceedings stayed pending constitutional court determination
Orders
- The application against the Public Service Commission is stayed until the Constitutional Court pronounces itself on the issue.
- Applicants affected by this order may seek to be joined to the constitutional reference depending on its stage.
02
Material facts
Parties
Joseph Omuron
Applicant Counsel: TumwesigyePublic Service Commission
Respondent Counsel: Mr. Ntalemwa03
Procedural history
Posture
Miscellaneous Application / Ruling
04
Questions and positions
Legal issues
- 01
Whether civil proceedings seeking prerogative remedies against a government body must be instituted through the Attorney General under Article 250(2) of the Constitution.
- 02
Whether the Public Service Commission can be sued directly as a respondent in judicial review proceedings.
Party arguments
- Applicant
- The applicant sought judicial review remedies against the Public Service Commission, initially including the Amnesty Commission, but later withdrew against the latter. The applicant maintained that the proceedings were properly instituted and should be heard on their merits.
- Respondent
- The respondent, through the Attorney General, objected to the proceedings on the basis that under Article 250(2) of the Constitution, civil proceedings against government entities must be initiated through the Attorney General. The respondent argued that the Public Service Commission is a non-entity and cannot be sued directly, referencing prior decisions and pending constitutional interpretation.
05
Court’s reasoning
Legal principles
- 01
Article 250(2) of the Constitution of Uganda
Civil proceedings against government bodies must be instituted through the Attorney General.
- 02
S. 110 of the Government Proceedings Act
Government entities that are not legal persons cannot be sued directly; proceedings must be brought through the Attorney General.
- 03
CALEB ALAKA –VS– LAW COUNCIL (Misc Cause 314/2013)
Where a constitutional question arises, proceedings should be stayed pending determination by the Constitutional Court.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the application against the Public Service Commission, a government body, cannot proceed directly as the entity is not a legal person and must be sued through the Attorney General in accordance with Article 250(2) of the Constitution and Section 110 of the Government Proceedings Act. The court referenced prior decisions, including CALEB ALAKA –VS– LAW COUNCIL, where similar objections were raised and the matter was referred to the Constitutional Court for interpretation. In light of the pending constitutional reference, the court determined that proceedings in the present case should be stayed until the Constitutional Court pronounces itself on the issue. The court emphasized the priority of constitutional matters over other proceedings and indicated that affected applicants may seek to be joined to the constitutional reference depending on its stage.
Obiter and limits
- Constitutional matters take priority over all other proceedings in court.
- Applicants affected by the stay order may use it to seek participation in the constitutional reference, subject to its stage of hearing.
Court disposition
proceedings stayed pending constitutional court determination
- The application against the Public Service Commission is stayed until the Constitutional Court pronounces itself on the issue.
- Applicants affected by this order may seek to be joined to the constitutional reference depending on its stage.
Source and reliance status
HC: Civil Division (Uganda)
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
HC: Civil Division (Uganda)
Judgment
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
CIVIL DIVISION
MISC CAUSE NO 200 OF 2009
JOSEPH OMURON ::::::::::::::::::::::::::::::::::::::::::::::::APPLICANT
VERSUS
PUBLIC SERVICE COMMISSION::::::::::::::::::::::::: RESPONDENT
BEFORE JUSTICE NYANZI YASIN
RULING
1. This is an old matter which qualifies to be called a back log case. It has been in court for 5 years as a matter of Judicial Review yet by its nature it is supposed to be an urgent issue and be resolved urgently.
2. However even when it got a chance to be ended an objection was raised on an important matter of procedure by the Attorney General.
3. Initially this case was filed by the applicant against the Public Service Commission and Amnesty Commission as the two respondents. On 14th/4/2010 by consent under 0.25r2 CPR Amnesty commission had the application withdrawn against it by the applicant. The Deputy Registrar of this court endorsed the consent on 20/4 /2010.
4. The hearing of this application proceeded by way of written arguments. The Attorney General while replying to the written submission of the applicant raised an objection and prayed that the matter be stayed.
5. The nature of the objection is that under Art250 (2) of the constitution of Uganda, Civil Proceedings against or by the court are started off by the A. G.
For that reason the Attorney General objected to the hearing of Misc cause 314/2013 CALEB ALAKA –VS- LAW COUNCIL arguing that the 4th respondent could not be sued as a non entity but sued through the Attorney General . Justice Musoke agreed and referred the matter to the constitutional court to decide the question. The question was framed as follows
“Whether the applicant’s acts of instituting civil proceedings seeking prerogative remedies against a corporate entity of Government the Law council Infringes Art 250(2) of the constitution”
In the present case the proceedings are against PSC which is a non entity and a Government body under the Attorney General’s Ambit.
While allowing the application of this nature to stay proceedings in Nite FINING CO. LTD –VS- ATTORNEY GENERAL AND PS MOH I referred to
Justice Musoke Kibuuka’s concern in Peter Apell & 5 ors –vs- M. O. H. L and VR Development where he referred to S 110 of Government proceedings act and concluded that the Ministry could be sued or its P. S. For reasons of being consistent, this application being against PSC cannot continue in light of the reference in CALEB ALAKA made by Justice Musoke. It serves us all to wait for the constitutional court to make its pronouncement on the issue.
Constitutional matters take Priority over all other proceedings in court.
If the applicants who are affected by this order of stay do wish, the order of stay here in can be used to make the party to the reference depending on the stage of its hearing.
………………………………………………
NYANZI YASIN
JUDGE
4/04/2014
4/4/2014
Mr. Ntalemwa for Respondent
Tumwesigye for applicant
AG- ABSENT
Aisha clerk
Court: Ruling delivered in the presence of the above
……………………………………………….
NYANZI YASIN
/4/2014
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