Uganda Case Law

Historic Resources Conservation Initiative & 3 Others V Attorney General

Historic Resources Conservation Initiative & 3 Others V Attorney General (Civil Appeal No. 57 of 2012) [2019] UGCA 224 (30 July 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 57 of 2012

Judge

Kakuru, JA, Madrama, JA, Kiryabwire, JA

The Court of Appeal held that the failure to serve statutory notice on the Attorney General did not render the suit incompetent, as the State was able to file its written defence in time and participate in the proceedings. The Supreme Court precedent in Kampala Capital City Authority vs Kabandize established that non-service of statutory notice does not vitiate proceedings where the statutory defendant is not prejudiced. The trial judge misdirected himself by striking out the plaint solely for lack of statutory notice, especially in a case alleging breach of constitutional rights and seeking…

Source excerpt

• Statutory Notice Requirement
• Right To Fair Hearing
• Constitutional Redress Procedure
• Urgent Injunctions
• Administrative Actions
• Cultural Rights Protection

East African Steel Corporation Ltd v Statewide Insurance Corporation Limited

East African Steel Corporation Ltd v Statewide Insurance Corporation Limited (Civil Application No. 10 of 1999) [1999] UGCA 68 (15 June 1999)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 10 of 1999

Judge

kato ,JA, Mpagi-Bahigeine, JA, Engwau, JA

The Court of Appeal dismissed an application to strike out a notice of appeal, finding the respondent was not at fault for delay caused by missing lower-court records.

• Striking Out Notice Of Appeal
• Delay In Filing Appeal
• Court Records Missing
• Computation Of Time
• Administrative Actions
• Civil-procedure