Wakilii

Gokyalya Amina v Uganda National Roads Authority (Miscellaneous Application No. 1487 of 2025)

High Court · [2025] UGHCLD 246 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application to substitute defendant following statutory rationalization of government agency
Decision
Attorney General substituted as defendant; underlying suit to proceed with adopted pleadings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court allowed application to substitute Attorney General for Uganda National Roads Authority as defendant in pending civil suit. UNRA was rationalized and repealed under 2024 legislation, with its liabilities transferred to Ministry of Works and Transport. Attorney General represents government ministries in court under Article 119(4)(c) of the Constitution. Substitution granted under inherent powers and Order 1 Rule 13 CPR.

Outcome

Attorney General substituted as defendant; underlying suit to proceed with adopted pleadings

Facts

The Applicant filed Civil Suit No. 413 of 2022 against Uganda National Roads Authority seeking compensation for trespass and illegal alienation of part of her land. The suit was partially heard and at the stage of scheduling and marking of documents. At the time of institution, UNRA was an independent body corporate with capacity to sue and be sued. Under the Rationalization of Government Agencies (Works and Transport Sector) Amendment Act 2024 and the Uganda National Roads Authority Act (Repeal) Act 2024, UNRA was disbanded and its activities and liabilities were transferred to the Government under the Ministry of Works and Transport. The Applicant sought to substitute the Attorney General as defendant. The Attorney General's representative did not oppose the application.

Issues

  1. Whether the court should substitute the Attorney General for Uganda National Roads Authority as defendant following the statutory rationalization and repeal of UNRA.

Orders

  • Application allowed.
  • Uganda National Roads Authority struck out as Defendant in Civil Suit No. 413 of 2022.
  • Attorney General substituted as Defendant in Civil Suit No. 413 of 2022.
  • Attorney General to adopt all pleadings previously filed by UNRA including Written Statement of Defence and Joint Scheduling Memorandum.
  • All new pleadings to reflect Attorney General as Defendant.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Parties — Substitution — Statutory Rationalization of Government Agency
Where a defendant government agency is rationalized and repealed by statute during pending litigation, with its liabilities transferred to a government ministry, the court may exercise inherent powers under Section 98 of the Civil Procedure Act and Order 1 Rule 13 of the Civil Procedure Rules to substitute the Attorney General as the proper defendant representing the government ministry.
Administrative Law — Government Agencies — Rationalization — Effect on Pending Litigation
When a body corporate with capacity to sue and be sued is rationalized and its liabilities transferred to a government ministry under statute, the Attorney General becomes the proper party to represent the government in ongoing litigation under Article 119(4)(c) of the Constitution, and may adopt all pleadings previously filed by the rationalized entity.

Legislation cited (7)

Full judgment

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

Gokyalya_Amina_v_Uganda_National_Roads_Authority_(Miscellaneous_Application_No._1487_of_2025)_[2025]_UGHCLD_246_(14_July_2025)
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.