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Uganda Case Law

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Administrative Law [2024] UGHC 422

Walufu & 2 Others v Busoba Sub-County

Walufu & 2 Others v Busoba Sub-County (Miscellaneous Cause 41 of 2023) [2024] UGHC 422 (11 June 2024)

The court found that while the applicants sought judicial review remedies for their alleged suspension as councilors, they failed to provide certified and relevant documentary evidence of the council meeting on 6th October 2023 where the suspension purportedly occurred. The attached minutes were either undated, uncertified, or related to meetings prior to the alleged suspension. The burden of proof rested on the applicants to establish the illegality and procedural impropriety, which they did not discharge. Without reliable documentary evidence, the court could not verify the applicants' clai…

  • Judicial Review
  • Local Government Councils
  • Procedural Impropriety
  • Natural Justice
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Civil Procedure [2022] UGHCCD 266

Mpondwa Cross Boarders Traders Cooperatives Society Limited v Isango Subcounty Local Government

Mpondwa Cross Boarders Traders Cooperatives Society Limited v Isango Subcounty Local Government (Miscellaneous Application No. 106 of 2022) [2022] UGHCCD 266 (16 November 2022)

The court found that while the respondent's naming was a misnomer, it did not render the entity fictitious or incapable of suing, as the sub-county council exists and is recognised under the Local Governments Act. However, the respondent failed to prove exclusive possession of the suit land, which is registered in the names of Kasese District Local Government, and thus did not disclose a reasonable cause of action for trespass. The hurried creation of the Isango cattle market was irregular and intended to frustrate the district's revenue collection and the applicant's contract. The commenceme…

  • Local Government Councils
  • Public Procurement Compliance
  • Trespass To Land
  • Market Establishment Authority
  • Corporate Personality
  • Council Resolution Requirements
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