Wakilii

In Re An Exparte Application for leave to apply for Judicial Review & In Re Afro-Motors Ltd & Anor v Minister of Finance, Planning & Economic Planning & Anor (Miscellaneous Cause No.203 of 2006) (Misc

High Court · [2007] UGHC 203 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application to re-open hearing following filing of supplementary affidavit by respondents in judicial review proceedings seeking mandamus
Decision
Hearing re-opened with directions for filing of reply and cross-examination of deponents

Observed later treatment

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Holding

The court allowed the respondents' application to re-open the hearing of a judicial review application after a supplementary affidavit raising pertinent issues was filed on the date scheduled for delivery of the ruling. The applicants were granted leave to file a reply and to cross-examine the deponents of affidavits filed on behalf of the respondents.

Outcome

Hearing re-opened with directions for filing of reply and cross-examination of deponents

Facts

The applicants sought an order of mandamus requiring the respondents to pay monies claimed from government. A ruling on the substantive application was scheduled for delivery on 6 July 2007. On that date, counsel for the respondents filed a supplementary affidavit of the Attorney General and applied to re-open the hearing so that the court could consider the evidence in the supplementary affidavit. Counsel for the applicants left the decision to the court's discretion but requested that if the hearing was re-opened, the applicants be allowed to cross-examine the deponents of the respondents' affidavits.

Issues

  1. Whether the hearing of the judicial review application should be re-opened to allow the court to consider evidence in the respondents' supplementary affidavit.

Orders

  • Application to re-open hearing allowed.
  • Applicants granted leave to file a reply to the supplementary affidavit within 7 days.
  • Deponents of affidavits for the respondents (Hon. Attorney General Dr. E. Khiddu Makubuya and Mr. C. M. Kassami) ordered to attend court on 10.10.07 or thereafter for cross-examination.
  • Costs of the application reserved to be costs in the cause.

Full judgment

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

In Re_An Exparte Application for leave to apply for Judicial Review & In Re_Afro-Motors Ltd & Anor v Minister of Finance, Planning & Economic Planning & Anor (Miscellaneous Cause No.203 of 2006) (Misc
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.