Wakilii

Combined Services Limited v Attorney General and Another (Miscellaneous Application 811 of 2021)

High Court · [2022] UGCOMMC 106 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for mandamus arising from two earlier civil suits in which judgment was entered for the applicant
Decision
Application dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application dismissed. Mandamus denied where applicant failed to prove funds sought were authorised under the current financial year's Appropriation Act, as required by article 154(1) of the Constitution and section 32(3)(a) of the Public Finance Management Act. The amount claimed was also in substantial dispute between parties.

Outcome

Application dismissed with costs to the respondent

Facts

Judgment was entered in favour of the applicant against the Attorney General in two civil suits: Civil Suit No. 657 of 2003 (US$34,569 plus interest at 4% per annum) and Civil Suit No. 939 of 2004 (UGX 640,260,743.53 plus interest at 24% per annum and general damages of UGX 70,000,400 plus interest at 28% per annum). Certificates of order were issued in 2010. The respondent made part payment of UGX 2 billion in January 2014. The applicant claimed substantial outstanding sums remained unpaid (revised to US$188,174.33 plus costs of UGX 39,993,107 for the first suit and US$71,068.62 plus costs of UGX 7,953,500 for the second suit). The respondent contended only UGX 13,679,327.77 remained outstanding. The applicant applied for mandamus compelling the Secretary to the Treasury to pay.

Issues

  1. Whether the applicant satisfied the criteria for an order of mandamus compelling the Secretary to the Treasury to pay outstanding court awards.
  2. Whether the applicant established a clear legal right to the sums claimed.
  3. Whether the Secretary to the Treasury had a corresponding legal duty to pay the sums claimed.
  4. Whether the right and duty were doubtful or in dispute.
  5. Whether the applicant had an alternative remedy at law.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Judicial Review — Mandamus — Requirements for Issuance
To obtain mandamus, an applicant must establish: (i) a clear right vested in the applicant; (ii) a corresponding legal duty imposed on the respondent; (iii) that the right and duty are not doubtful or disputed; and (iv) the lack of any alternative adequate remedy at law.
Public Finance — Consolidated Fund — Withdrawal of Funds — Constitutional Requirements
Under article 154(1) of the Constitution, no money may be withdrawn from the Consolidated Fund except to meet expenditure charged on the fund by the Constitution or an Act of Parliament, or where the issue of those monies has been authorised by an Appropriation Act or a Supplementary Appropriation Act.
Public Finance Management — Court Awards Against Government — Payment Prerequisites
The right to apply for enforcement of decrees against government by way of mandamus does not accrue unless the applicant provides evidence that the amount sought to be recovered forms part of expenditure authorised for the financial year during which enforcement is sought. Court awards are not statutory expenditure charged on the Consolidated Fund and must be included in an Appropriation Act before the duty to pay crystallises.
Mandamus — Doubtful or Disputed Rights — Grounds for Refusal
Mandamus will not issue where the rights of the party are doubtful or are being disputed. Where the specific legal right or duty to perform the act is doubtful, the obligation is not regarded as imperative, and the applicant will be left to other remedies.
Enforcement of Decrees Against Government — Certificate of Order — Limitations
Under section 19(4) of the Government Proceedings Act and Rule 15 of the Government Proceedings (Civil Procedure) Rules, no execution or attachment or process in the nature of execution or attachment may be issued out of any court for enforcing payment by the Government of any money or costs awarded by court, save for issuance of a certificate of order.

Legislation cited (17)

Cases cited (8)

  • R v Barnstaple Justices Ex p Carder [1938] 1 KB 385
  • Nabuwati and Two Others v Secretary to the Treasury and Another (Miscellaneous Application No. 2613 of 2016)
  • Benon Turyamureeba and 132 Others v Attorney General and Treasury Officer of Accounts / Secretary to Treasury (Miscellaneous Application No. 440 of 2005)
  • Southern Range Nyanza Ltd v Attorney General and Treasury Officer of Accounts and Secretary to Treasury (Miscellaneous Application No. 2157 of 2016)
  • Nampongo and Another v Attorney General (Constitutional Petition No. 43 of 2012)
  • Shah v Attorney General [1970] HCB 99
  • Combined Services Ltd v Attorney General and Another (Miscellaneous Application No. 648 of 2015)
  • In The Matter of an Application for Judicial Review by Afro-Motors Ltd and Another (Miscellaneous Cause No. 693 of 2006)

Full judgment

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

Combined Services Limited v Attorney General and Another (Miscellaneous Application 811 of 2021) [2022] UGCommC 106 (1 February 2022)
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.