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Bakeine & 3448 Ors v Attorney General & Anor (Civil Application No. 524 of 2010)

High Court · [2012] UGHC 200 · 2012 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for an order of mandamus to compel payment of a consent judgment
Decision
Order of mandamus granted compelling payment of the decretal sum

Observed later treatment

Cited — treatment unverified cited in 1 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

No adverse treatment recorded Cited 1 time with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court granted an order of mandamus compelling the Treasury Officer of Accounts to pay UGX 21,294,000,000 owed to 3,549 applicants under a consent judgment. The court held that where government fails to pay a decretal sum after a certificate of order has been served under the Government Proceedings Act s.19, mandamus is the appropriate remedy to compel the statutory duty to pay.

Outcome

Order of mandamus granted compelling payment of the decretal sum

Facts

The applicants were plaintiffs in HCCS No. 1022 of 2001 arising from an eviction from their bibanja in 1993 by Uganda Wildlife Authority. On 24 June 2010, a consent judgment was entered awarding UGX 6,000,000 to each of 3,549 applicants, totalling UGX 21,294,000,000. A decree was issued on 5 August 2010 and a certificate of order against government was forwarded to the Treasury Officer of Accounts on 20 August 2010. Despite these procedural steps under the Government Proceedings Act s.19, the government failed to pay. The applicants then brought this application for mandamus to compel payment. The respondents filed no affidavit in reply and no written submissions.

Issues

  1. Whether an order of mandamus should be issued to compel the Treasury Officer of Accounts to pay a decretal sum awarded by consent judgment.
  2. Whether the statutory duty under the Government Proceedings Act s.19 to pay judgment debts can be enforced by mandamus.

Orders

  • Order of mandamus granted requiring the Commissioner/Treasury Officer of Accounts to perform a constitutional and public duty to pay a decretal sum of UGX 6,000,000 to each of the 3,549 applicants, totalling UGX 21,294,000,000.
  • Respondents to meet the costs of the application.

Rules and key headnotes

Mandamus — Enforcement of Judgment Debts Against Government — Government Proceedings Act s.19
Where a certificate of order against government has been served on the Treasury Officer of Accounts under the Government Proceedings Act s.19 and payment is not made, the judgment creditor may apply for an order of mandamus to compel the Treasury Officer to perform the statutory duty to pay cast upon him by s.19(3).
Execution Against Government — Exclusive Remedy Under Government Proceedings Act s.19
The Government Proceedings Act s.19(4) provides that no execution or attachment process shall be issued for enforcing payment by government of judgment debts. The only method of enforcement is through the certificate procedure under s.19, followed by mandamus where government fails to pay.
Mandamus — Discretion of Court — Just and Convenient
The High Court has power under the Judicature Act s.36 and s.37 to grant an order of mandamus where it appears just and convenient to do so, including to compel performance of a statutory duty to pay a judgment debt.

Legislation cited (5)

Cases cited (1)

  • Shah v Attorney General (HCMC No. 31 of 1969)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Bakeine & 3448 Ors v Attorney General & Anor (Civil Application No. 524 of 2010) [2012] UGHC 200 (28 September 2012)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.