Walugembe v Kampala Capital City Authority
Walugembe v Kampala Capital City Authority (Miscellaneous Cause 344 of 2021) [2023] UGHCCD 421 (17 January 2023)
The respondent's refusal to process the applicant's development permit solely on the basis of a pending, unprosecuted appeal was unreasonable, irrational, and a violation of the principles of natural justice. The law is clear that an appeal does not operate as a stay of execution unless a competent court orders otherwise. The applicant's equitable interest in the land is supported by a valid court decree, which has not been overturned or stayed. The respondent, as a public body, is duty bound to consider and determine applications on their merits and cannot arbitrarily deny rights recognized…
Source excerpt
- Judicial Review
- Development Permit
- Natural Justice
- Equitable Interest
- Public Body Decision
- Lis Pendens