Uganda Case Law

Sino Africa Medicines and Health Limited and Another v Permanent Secretary and Secretary to the Treasury and Another

Sino Africa Medicines and Health Limited and Another v Permanent Secretary and Secretary to the Treasury and Another (Miscellaneous Application 429 of 2021) [2022] UGCommC 135 (25 April 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 429 of 2021

Judge

Stephen Mubiru, J

The High Court declined to compel government payment of an arbitral award, holding the mandamus request was premature without evidence of budgetary appropriation.

• Judicial Review
• Mandamus
• Enforcement Of Arbitral Award
• Government Liability
• Public Finance
• Execution Of Judgments

Combined Services Limited v Attorney General and Another

Combined Services Limited v Attorney General and Another (Miscellaneous Application 811 of 2021) [2022] UGCommC 106 (1 February 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 811 of 2021

Judge

Stephen Mubiru, J

The court found that while the applicant had obtained judgments and certificates of order against the government, and had served the necessary documents and made demands for payment, the applicant failed to provide evidence that the sums sought were included in the government budget or appropriated for the relevant financial year as required by law. The court further held that the right to payment was in substantial dispute, as the respondents contested the amounts claimed and asserted that a much lower sum was outstanding. Since mandamus cannot issue where the right or duty is in doubt or di…

Source excerpt

• Mandamus
• Government Liability
• Enforcement Of Judgments
• Public Finance
• Judicial Review