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Uganda Case Law

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Civil Procedure [2019] UGCA 42

Shaft Sinkers of Uganda Vs The Commissioner Geological Surveys & Mines Department

Shaft Sinkers of Uganda Vs The Commissioner Geological Surveys & Mines Department (Civil Appeal No. 76 of 2014) [2019] UGCA 42 (16 April 2019)

The Court of Appeal held that judicial review proceedings are civil proceedings and, as such, must be instituted against the Attorney General in accordance with Section 10 of the Government Proceedings Act and Article 119 of the Constitution. The Commissioner for Geological Surveys and Mines Department is not a body corporate and cannot be sued directly unless there is specific statutory provision to that effect. The trial judge was correct in dismissing the application on the basis that it was improperly constituted, as the proceedings were not brought against the Attorney General. The court…

  • Judicial Review Proceedings
  • Government Sued Through Attorney General
  • Civil Actions Against Government
  • Proper Parties In Litigation
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Civil Procedure [2019] UGCA 34

Shafts sinkers of Uganda Vs The Commissioner geological surveys &mines Departments

Shafts sinkers of Uganda Vs The Commissioner geological surveys &mines Departments (Civil Appeal No. 76 of 2014) [2019] UGCA 34 (16 April 2019)

The Court of Appeal held that judicial review proceedings against government departments must be instituted against the Attorney General, as mandated by Section 10 of the Government Proceedings Act and Article 119 of the Constitution. The Commissioner Geological Surveys and Mines Department is not a body corporate and cannot be sued directly in its official capacity. The trial judge was correct to dismiss the application on this ground, as the proceedings were not brought in the name of the Attorney General, rendering them unsustainable at law. The court emphasized that statutory agencies may…

  • Judicial Review Proceedings
  • Government Liability
  • Proper Parties To Suit
  • Mandatory Procedural Requirements
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