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)
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