Wakilii

Bashasha v Attorney General & Ors (MISCELLANEOUS CAUSE NO 223 OF 2016)

High Court · [2017] UGHCCD 187 · 2017 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review challenging police investigations into payments made under court orders
Decision
Application for judicial review granted. Orders of prohibition and injunction issued against police interference with execution of court orders.

Observed later treatment

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Holding

Held that police investigations into payments made under court orders and interference with execution of court orders are ultra vires, illegal, and violate the constitutional prohibition on interference with judicial functions under Article 128(1) of the Constitution. The police mandate under Article 212 and the Police Act does not extend to investigating or interfering with concluded court orders. Orders of prohibition and injunction issued restraining police from such interference.

Outcome

Application for judicial review granted. Orders of prohibition and injunction issued against police interference with execution of court orders.

Facts

The applicant law firm represented clients in several suits against the Attorney General which resulted in court orders for payment. Part payments were made through the applicant for transmission to clients. The police, through the Directorate of Criminal Intelligence and Investigations, commenced investigations into these payments made under court orders. The police continued these investigations despite a letter dated 30th October 2014 from the Minister of Justice and Constitutional Affairs directing them to restrain from interfering with court orders. One Barnabas B. Taremwa, using Image Finance Ltd, obtained a power of attorney from unauthorised persons and influenced police to interfere in execution of orders concerning the estate of the late Erieza Zimbiha, despite existing letters of administration.

Issues

  1. Whether the mandate of the police force extends to investigating payments made under orders of court and/or execution of orders of court
  2. What remedies are available to the applicant

Orders

  • Declaration made that the respondents' investigations into payments made under orders of court and/or in execution of orders of court to the applicant as an advocate and/or actions of the 2nd, 3rd and 4th respondents as agents of the 1st respondent are ultra vires, illegal and an affront of the independence of the Judiciary.
  • Order of prohibition issued prohibiting the respondents, their agents and any person from investigating or interfering with decisions made by court or orders of court or execution of orders of court without following due process.
  • Injunction issued restraining the respondents, their agents or any person under their authority from investigating or interfering in any way whatsoever with subsisting orders of court and the payments therefrom.
  • Costs of this application provided for.

Rules and key headnotes

Administrative Law — Judicial Review — Police Powers — Interference with Court Orders
The police have no mandate to investigate payments made under orders of court or to interfere with the execution of court orders. Such investigations and interference are ultra vires, illegal, and constitute an affront to the independence of the judiciary.
Constitutional Law — Separation of Powers — Judicial Independence — Article 128(1)
Article 128(1) of the Constitution prohibits any person or authority from interfering with courts or judicial officers in the exercise of their judicial functions. Police investigations into concluded court orders violate this constitutional prohibition.
Administrative Law — Police Powers — Constitutional Mandate — Article 212
The constitutional mandate of the police under Article 212 is limited to protecting life and property, preserving law and order, preventing and detecting crime, and cooperating with civilian authority. This mandate does not extend to investigating or interfering with the execution of court orders.
Civil Procedure — Court Orders — Sanctity and Enforcement
A court order must be obeyed as ordered unless set aside or varied. Investigations into the circumstances of a consent judgment without following due process of challenging such judgment amounts to interference with the decision of court and is illegal.
Succession & Estates — Letters of Administration — Exclusive Powers of Administrator
Under sections 180, 192 and 264 of the Succession Act, all rights of an intestate are vested in the administrator, and only the grantee of letters of administration is mandated to sue, prosecute or otherwise act as representative of the deceased until the letters of administration are revoked. A power of attorney purporting to grant such powers to third parties is illegal.

Legislation cited (15)

Cases cited (3)

  • Samwiri Massa v Rose Achen (1978) HCB 297
  • Ocip Moses & Others v Attorney General & Auditor General (HCMA No. 60 of 2013)
  • Amrit Goyal v Harichand Goyal & Others (Civil Application No. 109 of 2004)

Full judgment

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

Bashasha v Attorney General & Ors (MISCELLANEOUS CAUSE NO 223 OF 2016) [2017] UGHCCD 187 (20 February 2017)
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.