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30 Jan 2006

Civil Procedure [2006] UGHC 50

Kiara Amos Wereba and 3 Others vs Arua Municipal Council and Inspector General of Government (HCT-08-CV-MA-0012-2005) (HCT-08-CV-MA-0012-2005)

Kiara Amos Wereba and 3 Others vs Arua Municipal Council and Inspector General of Government (HCT-08-CV-MA-0012-2005) (HCT-08-CV-MA-0012-2005) [2006] UGHC 50 (30 January 2006)

Court: High Court of Uganda
Case number: HCT-08-CV-MA-0012-2005

The High Court found that there is no statutory provision granting a right of appeal to the Court of Appeal from orders of certiorari, prohibition, or mandamus under the Judicature Act or the Inspectorate of Government Act. Appellate jurisdiction must be expressly provided by statute, and the omission of such a right for certiorari was deliberate by the legislature. Since the applicants have no right of appeal, granting leave to appeal would be futile and a waste of judicial resources. Consequently, the application for leave to appeal and for stay of execution was dismissed with costs.

Source excerpt

Judicial Review
Certiorari
Right Of Appeal
Local Government Act
Prerogative Remedies

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Civil Procedure [2014] UGHCCD 162

Omuron v Public service commission (Misc Cause No 200 of 2009)

Omuron v Public service commission (Misc Cause No 200 of 2009) [2014] UGHCCD 162 (4 April 2014)

Court: HC: Civil Division (Uganda)
Case number: Misc Cause No 200 of 2009

The court held that the application against the Public Service Commission, a government body, cannot proceed directly as the entity is not a legal person and must be sued through the Attorney General in accordance with Article 250(2) of the Constitution and Section 110 of the Government Proceedings Act. The court referenced prior decisions, including CALEB ALAKA –VS– LAW COUNCIL, where similar objections were raised and the matter was referred to the Constitutional Court for interpretation. In light of the pending constitutional reference, the court determined that proceedings in the present…