Uganda Case Law

Attorney General and Another v Konyen and 9 Others (HCT-00-LD-MA 963 of 2016)

Attorney General and Another v Konyen and 9 Others (HCT-00-LD-MA 963 of 2016) [2024] UGHCLD 223 (23 September 2024)

Court

HC: Land Division (Uganda)

Case number

HCT-00-LD-MA 963 of 2016

Judge

Bernard Namanya, J

The court found that the admission of liability for Ushs 7.4 billion by the Attorney General's representative was made without express authority from the Attorney General. The affidavits and supporting documents did not constitute a clear, unambiguous, and authorised admission of liability by the Government. Applying Section 82 of the Civil Procedure Act and Order 46 rule 1 of the Civil Procedure Rules, the court held that there was sufficient reason to review and set aside the judgment on admission. The court rejected the respondents' argument that it was functus officio, noting that the law…

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• Judgment On Admission
• Review Of Judgment
• Government Liability
• Authority Of Attorney General

Attorney General v Akena

Attorney General v Akena (Miscellaneous Application 110 of 2022) [2023] UGHC 156 (22 December 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 110 of 2022

Judge

Serunkuma, J

The High Court at Masindi dismissed the Attorney General’s request to set aside an ex parte judgment and stay execution, finding no sufficient cause or irregularity.

• Ex Parte Judgment
• Setting Aside Judgment
• Government Liability
• Service Of Process
• Stay Of Execution
• Ex-parte-judgment

Mukesh Shukla v Attorney General

Mukesh Shukla v Attorney General [2023] UGHCCD 346 (13 November 2023)

Court

HC: Civil Division (Uganda)

Judge

Nambayo, J

The court found that the Plaintiff's arrest was lawful, as it was based on a complaint, sanctioned by the DPP, and executed within statutory requirements. Regarding malicious prosecution, the court held that although criminal proceedings were instituted and terminated in the Plaintiff's favor, there was reasonable and probable cause for prosecution due to the business dispute and allegations made by the complainant. The Plaintiff failed to prove malice or lack of reasonable cause on the part of the Defendant. The withdrawal of charges was conditional, aimed at facilitating settlement of civil…

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• Malicious Prosecution
• Unlawful Arrest
• Damages
• Government Liability

Mulooki v Attorney General and 2 Others (Misc Cause 61 of 2020)

Mulooki v Attorney General and 2 Others (Misc Cause 61 of 2020) [2023] UGHCCD 139 (16 May 2023)

Court

HC: Civil Division (Uganda)

Case number

Misc Cause 61 of 2020

Judge

Nakachwa, J

The High Court dismissed an application for mandamus to compel payment of compensation, holding that the underlying compensation order was made without natural justice and was a nullity.

• Judicial Review
• Mandamus
• Natural Justice
• Compensation Orders
• Government Liability
• Judicial-review

Opollot v Attorney General

Opollot v Attorney General (Miscellaneous Application No. 687 of 2021) [2023] UGHCCD 90 (6 April 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 687 of 2021

The High Court held that the applicants remained among the original plaintiffs in Civil Suit No. 660 of 2002 and were entitled to benefit from the judgment.

• Execution Of Judgments
• Beneficiary Identification
• Amendment Of Pleadings
• Withdrawal Of Parties
• Government Liability
• Execution-of-judgment

Lukwago Habib v Attorney General & Permanent Secretary/ Secretary to the Treasury, Ministry of Finance, Planning & Economic Development

Lukwago Habib v Attorney General & Permanent Secretary/ Secretary to the Treasury, Ministry of Finance, Planning & Economic Development (Miscellaneous Cause 28 of 2020) [2023] UGHC 228 (22 February 2023)

Court

High Court of Uganda

Case number

Miscellaneous Cause 28 of 2020

Judge

Bukirwa, J

The court found that the applicant had fulfilled all statutory requirements for the issuance of a writ of mandamus: a judgment was entered in his favor, a certificate of order against government was extracted and duly served, and the respondents failed to pay the decretal sum without lawful excuse or pending appeal. The court rejected the respondents' argument that payment is contingent on the funds being budgeted for in the current financial year, holding that the obligation to pay arises upon service of the certificate of order and is not subject to internal government processes or parliame…

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• Mandamus
• Enforcement Of Judgments
• Government Liability
• Certificate Of Order Against Government

Owebeyi Mugyemanyi v Attorney General and Another (Misc Cause No. 6 of 2020)

Owebeyi Mugyemanyi v Attorney General and Another (Misc Cause No. 6 of 2020) [2022] UGHCCD 272 (29 April 2022)

Court

HC: Civil Division (Uganda)

Case number

Misc Cause No. 6 of 2020

Judge

Mugabo, J

The High Court struck out the Minister of Local Government, held the application was not properly before court, and dismissed claims for LC1 and LC2 salaries and facilitation.

• Public Interest Litigation
• Representative Actions
• Government Liability
• Budgetary Appropriation
• Discrimination
• Locus Standi

Sino Africa Medicines and Health Limited and Another v Permanent Secretary and Secretary to the Treasury and Another

Sino Africa Medicines and Health Limited and Another v Permanent Secretary and Secretary to the Treasury and Another (Miscellaneous Application 429 of 2021) [2022] UGCommC 135 (25 April 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 429 of 2021

Judge

Stephen Mubiru, J

The High Court declined to compel government payment of an arbitral award, holding the mandamus request was premature without evidence of budgetary appropriation.

• Judicial Review
• Mandamus
• Enforcement Of Arbitral Award
• Government Liability
• Public Finance
• Execution Of Judgments

Dr. Kagoro v Attorney General and Another

Dr. Kagoro v Attorney General and Another (Miscellaneous Application No. 502 of 2020) [2022] UGHCCD 37 (11 March 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 502 of 2020

Judge

Musa Ssekaana, J

The High Court dismissed an application for mandamus to enforce payment of a government judgment debt, holding that payment was subject to appropriation and administrative processes.

• Judicial Review
• Mandamus
• Government Liability
• Contempt Of Court
• Judicial-review
• Government-liability

Combined Services Limited v Attorney General and Another

Combined Services Limited v Attorney General and Another (Miscellaneous Application 811 of 2021) [2022] UGCommC 106 (1 February 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 811 of 2021

Judge

Stephen Mubiru, J

The court found that while the applicant had obtained judgments and certificates of order against the government, and had served the necessary documents and made demands for payment, the applicant failed to provide evidence that the sums sought were included in the government budget or appropriated for the relevant financial year as required by law. The court further held that the right to payment was in substantial dispute, as the respondents contested the amounts claimed and asserted that a much lower sum was outstanding. Since mandamus cannot issue where the right or duty is in doubt or di…

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• Mandamus
• Government Liability
• Enforcement Of Judgments
• Public Finance
• Judicial Review