Alinange v Directory of Public Prosecutions
Alinange v Directory of Public Prosecutions (MISCELLANEOUS CAUSE NO. 167 OF 2017) [2017] UGHCCD 191 (10 July 2017)
The application for judicial review was dismissed on two principal grounds. First, it was filed outside the three-month limitation period prescribed by the Judicature (Judicial Review) Rules 2009, and no extension of time was sought. The applicant's argument that the amended charge sheet constituted a new cause of action was rejected, as amendments do not alter the original date on which the cause of action arose. Second, the application was procedurally flawed because it was brought against the Director of Public Prosecutions in his own capacity, contrary to Article 120 of the Constitution a…
Source excerpt
- Judicial Review Limitation Period
- Capacity To Be Sued
- Prohibition And Injunction
- Criminal Prosecution Challenge