Wakilii

Barungi Richard v Kampala Capital City Authority (Miscellaneous Cause 144 of 2020)

High Court · [2025] UGHCCD 107 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review challenging the nomination and approval of a representative to Kampala District Land Board
Decision
Application dismissed as overtaken by events and moot

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

  1. Whether the application is amenable for judicial review.
  2. Whether the application is overtaken by events and moot.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Judicial Review — Mootness — Application Overtaken by Events
Where the administrative decision challenged in a judicial review application has already been declared null and void by a prior court ruling and the matter has been resolved through subsequent lawful proceedings, the application becomes moot and the remedies sought are incapable of practical enforcement.
District Land Boards — Membership — Nomination by Urban Division Councils
Under section 57(1)(d) of the Land Act, the mandate to nominate a representative to a District Land Board is vested in the Urban Division Council, not in the executive committee of the Capital City Authority. In the context of Kampala, 'county' should be construed to mean 'division', and each division's Urban Council has the power to nominate its own representative.
Judicial Review — Supplementary Affidavits — Time Limits
A supplementary affidavit filed more than three months after the notice of motion for judicial review, without leave of court to extend time, is incompetent and liable to be struck off the record.

Legislation cited (15)

Cases cited (5)

Full judgment

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Barungi Richard v Kampala Capital City Authority (Miscellaneous Cause 144 of 2020) [2025] UGHCCD 107 (31 July 2025)
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.