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Uganda decisions
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Thakkar v Departed Asians Property Custodian Board (MISCELLANEOUS CAUSE NO. 379 OF 2019) [2020] UGHCCD 23 (26 March 2020)
The High Court held that the Board acted ultra vires by questioning a repossession certificate years after issuance and granted prohibition, injunction, and costs.
Manharlal v Departed Asians Property Custodian Board (Miscellaneous Cause 379 of 2019) [2020] UGHCCD 226 (26 March 2020)
The court found that the respondent, Departed Asians Property Custodian Board, acted illegally and ultra vires by purporting to investigate the authenticity of the applicant's repossession certificate for property that had already been lawfully repossessed under the Expropriated Properties Act. Once the Minister issues a certificate of repossession, the Minister is functus officio, and neither the Minister nor the Board has authority to revisit or question the decision except by way of appeal to the High Court within the prescribed period. The respondent's actions were therefore without legal…
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