Wakilii

COWE (U) & Anor v Attorney General (HCT-00-CV-CS-o194-2004)

High Court · [2015] UGHCCD 78 · 2015 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages arising from unlawful revocation of NGO registration certificate
Decision
Plaintiffs awarded damages for negligence in the unlawful revocation of their NGO registration certificate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the NGO Board breached its duty of care by revoking the plaintiff's NGO registration certificate without affording a hearing, violating the right to be heard and fair procedure. The court found negligence established where the Board failed to follow due process before revocation, resulting in loss and damage. Special damages of UGX 8,586,000, general damages of UGX 30,000,000, and exemplary damages of UGX 2,000,000 were awarded, plus interest and costs.

Outcome

Plaintiffs awarded damages for negligence in the unlawful revocation of their NGO registration certificate

Facts

The first plaintiff was an NGO registered to operate in Mubende, Wakiso and Kampala Districts for twelve months. On 4 April 2002, the NGO Board revoked the registration certificate on grounds of public interest without giving the plaintiff a hearing. The plaintiff appealed to the Minister of Internal Affairs who upheld the revocation. The plaintiff then appealed to the High Court, which ordered reinstatement on 14 October 2002 on grounds that the plaintiff had not been given an opportunity to be heard before cancellation. The plaintiff then brought suit for damages arising from the negligent and unlawful revocation. The plaintiff's offices were closed, leased premises were lost, security guards continued to be paid, and projects came to a standstill during the period of unlawful revocation from April to November 2002.

Issues

  1. Whether the suit is barred by law.
  2. Whether the plaintiffs have a cause of action against the defendant.
  3. Whether the defendant was negligent in the execution of its duties.
  4. What remedies are available to the parties.

Orders

  • Suit against the defendant succeeds.
  • Special damages of UGX 8,586,000 awarded to the plaintiffs.
  • General damages of UGX 30,000,000 awarded to the plaintiffs.
  • Exemplary damages of UGX 2,000,000 awarded to the plaintiffs.
  • 15% interest on special damages from date of filing suit till payment in full.
  • Interest at court rate on general and exemplary damages from date of judgment till payment in full.
  • Costs of the suit awarded to the plaintiffs.

Rules and key headnotes

Administrative Law — Natural Justice — Right to Fair Hearing — NGO Board Revocation of Registration
An administrative body exercising statutory powers of revocation must afford the affected party a right to be heard before making a decision. The right to be heard is a fundamental procedure embracing fair procedure and due process, and any decision reached in breach of this rule is void.
Tort Law — Negligence — Duty of Care — Administrative Bodies
The NGO Board owes a dual duty of care: to the public in protecting them from errant organizations, and to registered organizations in ensuring due process is followed before revocation of registration certificates. A breach of the duty to follow proper procedures before revocation constitutes negligence where it results in loss and damage.
Civil Procedure — Limitation of Actions — Disability — Capacity to Sue
Where a person to whom a right of action accrued was under disability on the date the cause of action arose, the action may be brought within twelve months from the date when the person ceased to be under disability. An NGO whose registration certificate has been revoked is under incapacity to bring suit until reinstated by court order.
Damages & Quantum — Exemplary Damages — Government Servants — Unconstitutional Action
Exemplary damages may be awarded where there is oppressive, arbitrary or unconstitutional action by servants of government. The revocation of an NGO registration certificate without affording a right to be heard constitutes unconstitutional and oppressive action justifying an award of exemplary damages.
Damages & Quantum — Special Damages — Proof — Nexus with Defendant's Actions
Special damages must be specifically pleaded and strictly proved. Where a plaintiff claims special damages but fails to establish how the loss or damage was a consequence of the defendant's negligence, the claim must be disallowed.

Legislation cited (7)

Cases cited (10)

  • Standard Chartered Bank (U) Ltd v Mwesigye Geoffrey (HCMA No. 477 of 2012)
  • Attorney General v Major General Tinyefuza (Constitutional Petition No. 1 of 1997)
  • Tororo Cement v Frokina International Ltd (SCCA No. 2 of 2001)
  • Tororo Cement Co Ltd v Frokina International Ltd (SCCA No. 21 of 2001)
  • Steven Ssemakula v Samuel Serunjogi (Civil Suit No. 187 of 2012)
  • H Kateralwire v Paul Lwanga [1989] HCB 56
  • Kyamanywa v IGG (HCMA No. 143 of 2008)
  • Kyambadde v Mpigi District ADM [1983] HCB 44
  • David Etuket and Another v The New Vision Printing & Publication Corp (HCCS No. 86 of 1996)
  • Obong v Municipal Council of Nairobi [1971] EA 91

Full judgment

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

COWE (U) & Anor v Attorney General (HCT-00-CV-CS-o194-2004) [2015] UGHCCD 78 (18 September 2015)
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.