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Civil Procedure [2019] UGCA 42

Shaft Sinkers of Uganda Vs The Commissioner Geological Surveys & Mines Department

Shaft Sinkers of Uganda Vs The Commissioner Geological Surveys & Mines Department (Civil Appeal No. 76 of 2014) [2019] UGCA 42 (16 April 2019)

The Court of Appeal held that judicial review proceedings are civil proceedings and, as such, must be instituted against the Attorney General in accordance with Section 10 of the Government Proceedings Act and Article 119 of the Constitution. The Commissioner for Geological Surveys and Mines Department is not a body corporate and cannot be sued directly unless there is specific statutory provision to that effect. The trial judge was correct in dismissing the application on the basis that it was improperly constituted, as the proceedings were not brought against the Attorney General. The court…

  • Judicial Review Proceedings
  • Government Sued Through Attorney General
  • Civil Actions Against Government
  • Proper Parties In Litigation
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