Muwanga v The Commissioner Land Registration & Anor
Muwanga v The Commissioner Land Registration & Anor (Miscellaneous Cause No. 17 of 2013) [2017] UGHCLD 51 (2 May 2017)
The Supreme Court held that the Constitutional Court erred in its interpretation regarding the award of costs, as three out of five Justices had awarded costs to Kivumbi, making the majority sufficient for a costs order. The Court clarified that while judicial discretion does not allow awarding costs not prayed for, a successful litigant in a public interest constitutional petition who has prayed for costs should be reimbursed for direct costs incurred. The petition, though filed by Kivumbi in his individual capacity, was of public interest due to its impact on constitutional rights for all c…
Source excerpt
- Costs In Constitutional Petitions
- Public Interest Litigation
- Judicial Discretion On Costs
- Constitutional Rights Enforcement