Nsamba v The Registered Trustees of The Federation of Motorspot Clubs of Uganda (FMU) and 4 Others (Consolidated Miscellenous Application 296 of 2023) [2024] UGHCCD 173 (8 July 2024)
Court
HC: Civil Division (Uganda)
Case number
Consolidated Miscellenous Application 296 of 2023
Judge
Douglas Karekona Singiza, J
The High Court held that FMU-UG’s executive committee lacked power to call an EOGA, granted certiorari, prohibition and mandamus, and found contempt of court.
Nsamba v The Registered Trustees of the Federation of Motorsport Clubs of Uganda (FMU) & 4 Others (Miscellaneous Application 18 of 2024; Miscellaneous Application 296 of 2023; Miscellaneous Application 39 of 2024; Miscellaneous Application 67 of 2024) [2024] UGHCCD 122 (8 July 2024)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application 18 of 2024 ; Miscellaneous Application 296 of 2023 ; Miscellaneous Application 39 of 2024 ; Miscellaneous Application 67 of 2024
Judge
Douglas Karekona Singiza, J
The court found that the FMU-UG constitution vests the power to convene an Extraordinary General Assembly exclusively in the management committee, not the executive committee. The executive committee's decision to convene the EOGA and issue the notice was therefore illegal and ultra vires. The court held that the applicant had sufficient interest to bring the application and that the matter was amenable to judicial review, as the decisions of FMU-UG had significant public impact. The court rejected the respondents' objections regarding locus standi and non-exhaustion of local remedies, noting…
