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Uganda decisions
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Abaho and Another v Kampala Capital Authority and 2 Others (Misc Cause 125 of 2023) [2024] UGHCCD 101 (31 May 2024)
The High Court dismissed a judicial review application over Bugolobi market rent collection, holding it was premature under the Markets Act, 2023 transitional period.
Nakasero Market Sitting Vendors and traders Limited v Kampala Capital City Authourity and Anor (Miscellaneous Cause No. 348 of 2020) [2021] UGHCCD 65 (23 July 2021)
The court found that the present application was substantially based on the same subject matter and sought the same remedies as a previously instituted suit (HCCS No. 1141 of 2019) between the same parties, thus offending the doctrine of lis pendens under Section 6 of the Civil Procedure Act. The court further held that the applicant's claims arose from contractual and private law rights under a sub-lease and management agreement with the 1st respondent, not from public law duties, and therefore were not amenable to judicial review. The application was deemed an abuse of court process, as it…
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St. Balikuddebe Market Stalls space and lockup shops owners Association Limited (SSLOA) v Kampala Capital City Authority (Miscellaneous Cause No. 328 of 2020) [2021] UGHCCD 37 (2 June 2021)
The court found that the Respondent, as a public body, is subject to judicial review for its administrative actions. The evidence established that the Applicant is the registered proprietor and manager of St. Balikuddembe Market, with management vested in it by the Respondent under the Market Act and KCCA Act. The Respondent's directive to assume management without prior compensation contravenes Article 26 of the Constitution, which prohibits compulsory deprivation of property without prompt, fair, and adequate compensation. The Respondent's actions were ultra vires, irrational, and procedura…
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Arua Kubala Park Operators & Market Vendors SACCO v Public Procurement & Disposal of Public Assets Authority (Application 4 of 2015) [2015] UGPPDPAAT 2 (10 September 2015)
The Tribunal held that Arua DLG had to follow the 2007 market policy and that its bidding process was invalid for using a materially different bidding document without approval.
