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Butemba Dairy Cooperative Society & 3 Others v The Registrar of Cooperatives & 4 Others (Miscellaneous Cause 1 of 2024)

High Court · [2024] UGHC 1017 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking declarations, injunctions, prohibition, mandamus and damages arising from alleged failure to implement a cooperative society resolution
Decision
Application dismissed

Observed later treatment

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Holding

Held that the application was an application for judicial review as it sought orders of prohibition and mandamus against public servants. Held that applications for judicial review must be filed within three months under section 40(7) of the Judicature Act. Since the resolution was passed on 18 July 2022 and the application filed on 4 April 2024, it was time-barred. Application dismissed with costs.

Outcome

Application dismissed

Facts

The 1st applicant is a member-based cooperative society. The 2nd to 4th applicants are its members. The 3rd to 5th respondents were elected leaders of the cooperative whose term expired but allegedly continued in office. On 18 July 2022, members held a general meeting and passed resolutions appointing the 2nd to 4th applicants as new committee members. The 3rd to 5th respondents did not attend the meeting and allegedly denied the newly elected office bearers access to the offices. The applicants sought judicial review orders including prohibition and mandamus. The respondents raised preliminary objections challenging locus standi, jurisdiction and timeliness of the application. The 3rd respondent opposed the application, contending that he and his board were lawfully occupying office and the appointment of new committee members was illegal.

Issues

  1. Whether the applicants have locus standi to institute the application.
  2. Whether the application has been filed out of time under the Judicature (Judicial Review) Rules 2009.
  3. Whether the decision made by the applicants on 18 July 2022 is legal and binding on the respondents.
  4. Whether the failure by the respondents to implement the cooperative society resolution is illegal, irrational and tainted with procedural impropriety.

Orders

  • Application dismissed with costs for being time-barred.

Rules and key headnotes

Judicial Review — Timeliness — Time Limits under Judicature Act
An application for judicial review must be filed within three months from the date the grounds of the application first arose as required by section 40(7) of the Judicature Act.
Judicial Review — Definition — Orders of Prohibition and Mandamus
An application seeking orders of prohibition and mandamus against public servants and public bodies qualifies as an application for judicial review and must comply with the strict time limits and procedural requirements applicable to judicial review proceedings.
Cooperative Societies — Locus Standi — Board Resolutions
Where circumstances make it impossible for members of a cooperative society to obtain a board resolution authorizing litigation due to denial of access to offices and disruption of the society's operations, the court may entertain an application without requiring a formal board resolution.

Legislation cited (8)

Cases cited (6)

  • Bugerere Coffee Growers v Sebadduka and Another (1970) EA 147
  • Re Nakiviubo [1979] HCB 12
  • ER Investment Ltd vs, The Tazania Development Finance Co. Ltd and Anor Civil Case No. 66 Of 1999
  • Tanzania Cigarrette Company Ltd V Burundi Tobacco Company Ltd and Anor Misc. Civil Cause No. 7 Of 2004
  • Mukisa Biscuit v West End Distributors (1969) EA 696
  • Ultra Cellular Services (U) Ltd and 2 Others v Stanbic Bank (U) Ltd (HCMA No. 504 of 2015)

Full judgment

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

Butemba Dairy Cooperative Society & 3 Others v The Registrar of Cooperatives & 4 Others (Miscellaneous Cause 1 of 2024) [2024] UGHC 1017 (25 October 2
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.