Mbabazi v Kabale Municipal Council and Another
Mbabazi v Kabale Municipal Council and Another (Civil Suit 27 of 2019) [2023] UGHC 80 (28 February 2023)
The court found that the plaint failed to explicitly plead any infringement of fundamental or other rights guaranteed under the Constitution, as required for actions brought under Article 50. The particulars of malafides and illegalities alleged against the Defendants did not amount to a constitutional violation, and the Plaintiff's submissions could not cure the deficiency in the pleadings. The Plaintiff also failed to demonstrate that he had exhausted alternative remedies or followed due process before instituting the suit. Consequently, the preliminary objection by the 2nd Defendant was up…
Source excerpt
- Cause Of Action
- Public Road Reserves
- Preliminary Objection
- Statutory Duties
- Public Interest Litigation