In the Matter of An Application for Leave to Application for Judicial Review By Charles Byamugisha (Civil Application 16 of 2004)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court granted leave to apply for judicial review of transportation fees levied by Masindi Town Council, subject to the condition that the applicant deposit the outstanding payments of Shs. 339,300 with the Registrar within 14 days. The court found the applicant had sufficient interest and the application was filed within the prescribed period, but imposed the deposit condition to ensure equity as only one transporter would benefit from the interim relief while others continued paying.

Outcome

Leave to apply for judicial review granted with conditions; matter adjourned to 12th October 2004 for hearing

Facts

Charles Byamugisha, a businessman specializing in passenger transportation between Kampala and Masindi, applied for leave to seek judicial review of transportation fees being levied by Masindi Town Council. On 6th August 2004, the Town Clerk of Masindi issued the Applicant with summons. The Applicant had obtained an interim injunction restraining the Respondent from levying these fees on him alone. The Applicant operated three public service vehicles (Reg. No. UAA 574 D, UAA 044 K and UAB 629 B) and owed outstanding fees of Shs. 339,300. The Respondent, Masindi Town Council, relied on these transportation fees as part of its revenue.

Issues

1. Whether the applicant has sufficient interest to apply for judicial review of the transportation fees levied by Masindi Town Council.
2. Whether the application was brought within the prescribed three-month period.
3. Whether it would be just and convenient to grant leave to apply for judicial review given that only one transporter would be affected while others continue to pay the fees.

Orders

• Leave is granted to the Applicant to apply for an order of Certiorari, Prohibition and a Declaration.
• Leave is granted on condition that the Applicant deposits the outstanding payments of Shs. 339,300 with the Registrar of this Court within 14 days of the date of this ruling.
• The Interim Order dated 16th August 2004 is vacated and replaced with a stay under Order 42(A) rule 10(o) restraining the Respondent, its employees, servants, tenderers, agents and any other person from taking legal action against the Applicant, demanding any further taxes or duties beyond the Shs. 339,300 to be deposited in court, or stopping the Applicant's vehicles Reg. No. UAA 574 D, UAA 044 K and UAB 629 B from loading or off-loading passengers until the hearing and final disposal of this application for judicial review.
• The Applicant shall serve the Respondent with the motion through the Respondent's lawyers M/s Mukwatanise & Co. Advocates within 14 days of this ruling.
• The motion shall be heard on the 12th October 2004.

Rules and key headnotes

Legislation cited (4)

• Civil Procedure Rules Order 42(A) rule 2
• Civil Procedure Rules Order 42(A) rule 4(9)
• Civil Procedure Rules Order 42(A) rule 10(o)
• Civil Procedure Rules Order 2 rule 7

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