Wakilii

Benon Turyamureeba & 132 Ors v The Attorney General & Anor (Misc. Appl. No. 440 of 2005) (Misc. Appl. No. 440 of 2005)

High Court · [2008] UGHC 46 · 2008 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking an order of mandamus to compel judgment debtor to satisfy outstanding interest on decree from HCCS No. 207 of 1993
Decision
Order of mandamus issued requiring payment of outstanding decretal sum

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an order of mandamus requiring the Treasury Officer of Accounts to pay the outstanding balance of Shs. 635,580,000 representing unpaid interest on a decree awarded in HCCS No. 207 of 1993. The court held that the two years and eight months since the application was filed provided more than sufficient time for payment and no plausible reason was given for non-payment.

Outcome

Order of mandamus issued requiring payment of outstanding decretal sum

Facts

The applicants were decree holders in HCCS No. 207 of 1993, where they successfully sued the Attorney General for damages and compensation after being unlawfully evicted by government servants from their customary land in Mpokya and Mwenge in Kabarole District. Judgment was delivered on 12 April 1999, awarding each applicant Shs. 10,000,000 compensation and Shs. 2,000,000 exemplary damages, plus costs and interest. Government paid the principal sum but failed to pay the full interest, which accrued to Shs. 765,580,000 by 5 July 2005. After filing this application, Government made partial payments of Shs. 130,000,000 total, leaving Shs. 635,580,000 outstanding. Between September 2005 and April 2008, the application was called up for hearing 18 times, with the Attorney General repeatedly requesting adjournments. On 1 April 2008, the judgment debtor and counsel failed to appear for the scheduled hearing.

Issues

  1. Whether the court should issue an order of mandamus to compel the Treasury Officer of Accounts/Secretary to the Treasury to pay the outstanding balance of interest on a decree

Orders

  • Application for mandamus granted.
  • Order of mandamus issued requiring the Treasury Officer of Accounts/Secretary to the Treasury to pay Shs. 635,580,000 to the applicants' decree holders through their lawyers in full and final satisfaction of the decree in HCCS No. 207 of 1993.
  • Costs of the application awarded to the applicants.

Rules and key headnotes

Administrative Law — Mandamus — Enforcement of Court Decrees — State as Judgment Debtor
Where government as judgment debtor has failed to satisfy a decree in full after a reasonable period exceeding two years and provides no plausible reason for non-payment, a court may issue an order of mandamus compelling the relevant treasury officer to pay the outstanding decretal sum.
Civil Procedure — Decree Enforcement — Payment of Interest — State as Judgment Debtor
A decree holder is entitled to enforce payment of accrued interest on a decree even where the principal sum has been satisfied by the judgment debtor.
Judicial Review — Mandamus — Non-Appearance of Respondent at Hearing
Where a judgment debtor and counsel fail to appear at a properly notified hearing of an application for mandamus without communicating any reason to court, the court may proceed to hear and determine the application in their absence.

Full judgment

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

Benon Turyamureeba & 132 Ors v The Attorney General & Anor (Misc. Appl. No. 440 of 2005) (Misc. Appl. No. 440 of 2005) [2008] UGHC 46 (8 April 2008)
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.