Barungi Richard v Kampala Capital City Authority (Miscellaneous Cause 144 of 2020)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed an application for judicial review challenging the nomination and approval of a representative to Kampala District Land Board. The court held that the proceedings complained of had already been declared null and void by a prior court ruling and vetoed by the Minister, rendering the application overtaken by events and moot. The remedies sought were incapable of practical enforcement.
Outcome
Application dismissed as overtaken by events and moot
Facts
On 30 April 2019, Barungi Richard was nominated and approved by Kawempe Division Council as its representative on Kampala District Land Board. His name was forwarded to KCCA for approval. On 22 June 2020, despite an interim court order dated 5 June 2020 and Barungi's prior nomination, KCCA's executive committee and council nominated and approved Nasser Basajjabalaba as Kawempe Division's representative to the Land Board without a minute from Kawempe Division recommending him. Barungi filed for judicial review challenging this decision. However, the proceedings of 22 June 2020 were subsequently declared null and void by the High Court in a separate case (HCMA No. 292/2020) for contempt of the interim order. The Minister for Kampala also vetoed the decision on 10 July 2020. Following withdrawal of the related case on 27 October 2020, fresh nominations were conducted and Basajjabalaba was re-nominated and approved on 6 November 2020.
Issues
- Whether the application is amenable for judicial review.
- Whether the application is overtaken by events and moot.
Orders
- Application dismissed.
- No order as to costs.
Rules and key headnotes
Legislation cited (15)
- Constitution of Uganda Article 42
- Constitution of Uganda Article 44
- Judicature Act Cap 16 s.14
- Judicature Act Cap 16 s.33
- Judicature Act Cap 16 s.36
- Civil Procedure Act Cap 282 s.98
- Land Act Cap 227 s.56
- Land Act Cap 227 s.57(1)(d)
- Judicature (Judicial Review) Rules 2009 r.6
- Judicature (Judicial Review) Rules 2009 r.7
- Judicature (Judicial Review) Rules 2009 r.8
- Judicature (Judicial Review) Rules 2009 r.5(1)
- Judicature (Judicial Review) (Amendment) Rules 2019 r.1A
- Judicature (Judicial Review) (Amendment) Rules 2019 r.3A
- Judicature (Judicial Review) (Amendment) Rules 2019 r.7A
Cases cited (5)
- Chief Constable of North Wales Police v Evans [1983] 3 All ER 143
- Anatolia Byakola v KCCA and Abubaker Kawalya (Miscellaneous Application No. 292 of 2020)
- Anatolia Byakola v KCCA & Others (Miscellaneous Cause No. 105 of 2020)
- Pine Pharmacy Ltd & 8 Ors v National Drug Authority (Miscellaneous Application No. 142 of 2016) [2017] UGHCCD 54
- Borowski v Attorney General of Canada [1989] 1 SCR
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.