Uganda Case Law

Sanywa v Kampala Capital City Authority & Anor

Sanywa v Kampala Capital City Authority & Anor (Miscellaneous Cause No. 164 of 2017) [2017] UGCommC 103 (28 September 2017)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause No. 164 of 2017

The court found that the Kampala Capital City Authority, acting under the Kampala Capital City Authority Act and the Kampala Capital City (Commercial Road Users) Regulations SI No. 3 of 2015, was legally empowered to levy the monthly park fee of UGX 120,000. The regulations, made pursuant to section 82 of the Act, are statutory instruments that enjoy a presumption of constitutionality and are part of the law unless amended or revoked. The Respondents' actions were therefore lawful and not contrary to the Revised Policy Guidelines or the cited constitutional provisions. The Applicant's claims…

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• Ultravires Action
• Statutory Instruments
• Local Government Fees
• Constitutional Rights Violation

In Re: Application by Charles Byamugisha v Masindi Town Council

In Re: Application by Charles Byamugisha v Masindi Town Council (Civil Application No. 16 of 2004) [2004] UGCommC 28 (9 September 2004)

Court

Commercial Court of Uganda

Case number

Civil Application No. 16 of 2004

The court found that the applicant had sufficient interest in the matter as the transportation fees directly affected him. The application was filed within the prescribed three-month period, as the relevant action by the respondent occurred on 6th August 2004. The court considered whether it was just and convenient to grant leave for judicial review, noting that the relief sought would affect only the applicant while other transporters continued to pay the fees. The court acknowledged the urgency due to the threat of imminent action by the respondent and the statutory notice requirement that…

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• Judicial Review
• Local Government Fees
• Mandamus Prohibition Certiorari

Ribeiro v Nairobi Municipal Council (C.A. 15/1931..)

Ribeiro v Nairobi Municipal Council (C.A. 15/1931..) [1931] EACA 3 (1 January 1931)

Court

East African Court of Appeal

Case number

C.A. 15/1931..

Judge

Griffin C.J. (Uganda),, Pickering CJ, Thomas, J. (Kenya)

The Court of Appeal for Eastern Africa held that notice to the owner under section 85(2) had to be given within a reasonable time, and the late notice barred recovery.

• Municipal Liability
• Statutory Notice Requirements
• Local Government Fees
• Joint And Several Liability
• Municipal-liability
• Statutory-notice