Democratic party & anor v Attorney general & anor
Democratic party & anor v Attorney general & anor (Cause No. 372 of 2013 Out of Eacj Ref 06/2010 & App No. 06 of 2011) [2014] UGHCCD 159 (2 April 2014)
The court held that the application for mandamus was premature because the applicants filed it before obtaining and serving a certificate of order against government as required by section 19 of the Government Proceedings Act. The statutory duty to pay only arises after such certificate is issued and served. Since the application was filed before this mandatory step was completed, there was no legal basis for the issuance of mandamus. The omission was incurable, as the certificate could not retrospectively validate the premature filing. The court relied on established case law and statutory p…
Source excerpt
- Judicial Review
- Mandamus
- Government Proceedings
- Certificate Of Order
- Premature Application