Wakilii

Fredrick Kibedi and 4 Ors v Hon James Nathan Nandala Mafabi and 2 Others (Civil Miscellaneous Application No. 751 of 2021)

High Court · [2021] UGHC 45 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to review and set aside a consent decree arising from Miscellaneous Cause No. 192 of 2020
Decision
Consent judgment set aside; application granted

Observed later treatment

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Holding

The High Court set aside a consent judgment that purported to extend the term of office of the outgoing council of the Institute of Certified Public Accountants beyond the two-year statutory limit prescribed by the Accountants Act 2013. The court held that the consent was executed by persons without proper authority under the Institute's internal policies and that its terms contravened mandatory statutory provisions limiting council tenure. A court cannot sanction an illegality, and consent judgments must be lawful and enforceable to be upheld.

Outcome

Consent judgment set aside; application granted

Facts

On 30 June and 16 July 2020, the Institute of Certified Public Accountants of Uganda (ICPAU) conducted elections for seven council members for the term July 2020 to June 2022. The 1st respondent, dissatisfied with the election outcome, instituted Miscellaneous Cause No. 192 of 2020 seeking certiorari and mandamus. The parties entered into a consent judgment authorising the outgoing council (July 2018–June 2020) to continue executing the Institute's statutory mandate pending final constitution of the new council. The consent was executed by the chairperson of the Elections Committee and the Registrar of Accountants. The applicants, who were members of the newly elected council, sought to set aside the consent on grounds that it was executed without proper authority and contravened the Accountants Act 2013, which limits council tenure to two years.

Issues

  1. Whether the affidavit in support of the application was defective for want of written authority under Order 1 Rule 12 of the Civil Procedure Rules.
  2. Whether the process leading up to and the manner of execution of the consent order on behalf of the 2nd respondent was improper and illegal.
  3. Whether the terms of the consent order were illegal and in contravention of the Accountants Act 2013.

Orders

  • Preliminary objection dismissed.
  • Consent judgment entered in Miscellaneous Cause No. 192 of 2020 set aside.
  • Each party to bear its own costs.

Rules and key headnotes

Civil Procedure — Affidavits — Authority to Depose — Order 1 Rule 12 CPR
Where a party to a suit deposes an affidavit in his or her own capacity as an applicant and aggrieved person, that party is not required to obtain written authority from the other parties under Order 1 Rule 12 of the Civil Procedure Rules.
Civil Procedure — Consent Judgments — Grounds for Setting Aside
A consent judgment must be upheld unless it was entered into without sufficient material facts, in misapprehension or ignorance of material facts, or was actuated by illegality, fraud, mistake, contravention of court policy, or any reason which would enable the court to set aside an agreement.
Administrative Law — Statutory Bodies — Authority to Bind — Internal Policies
Where a statutory body's internal policies require that documents binding the body be authenticated by the signatures of the President and Secretary of the Council, a consent order executed by a committee chairperson without such authentication and without council consultation contravenes those policies and is improperly executed.
Statutory Interpretation — Mandatory Provisions — Extension of Tenure
Where a statute prescribes a fixed term of office for members of a statutory body, a consent judgment purporting to extend that term beyond the statutory limit is illegal and void ab initio. A court cannot sanction what is illegal, and an illegality once brought to the court's attention overrides all questions of pleadings.
Civil Procedure — Consent Judgments — Court's Duty to Scrutinise
It is the duty of the court to satisfy itself that the terms of a consent agreement are lawful and enforceable. The court should not act in a casual manner without satisfying itself with the legalities of the consent or compromise of a case. Where it is alleged by one party that a compromise or consent is not lawful, it is the duty of the court to decide that question.

Legislation cited (7)

Cases cited (6)

  • Attorney General and Another v James Mark Kamoga and Another (Supreme Court Civil Appeal No. 8 of 2004)
  • Hirani v. Kassam (1952) EACA 131
  • Goodman Agencies Limited v Attorney General and Another (Miscellaneous Application No. 34 of 2011)
  • Kawamara Sam v Richard Jjuko (High Court Civil Suit No. 294 of 2009)
  • Banwari Lal v Chando Devi [1993] 1 SCC 581
  • Makula International Ltd v His Eminence Cardinal Nsubuga and Rev Dr Father Kyeyune (Court of Appeal Civil Appeal No. 4 of 1981)

Full judgment

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Fredrick Kibedi and 4 Ors v Hon James Nathan Nandala Mafabi and 2 Others (Civil Miscellaneous Application No. 751 of 2021) [2021] UGHC 45 (23 July 2021)
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.