Wakilii

Inspector General of Government & Anor v Attorney General & 2 Ors (Misc. Application No. 744 of 2014)

High Court · [2015] UGHCCD 1 · 2015 Preliminary Objection Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application seeking substitution or joinder as parties, extension of time to appeal, and setting aside of interim order issued by Deputy Registrar
Decision
Interim order set aside; main application for temporary injunction and judicial review remains pending

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the Inspector General of Government and Inspectorate of Government have locus standi in judicial review proceedings concerning decisions they made under constitutional and statutory powers. The court distinguished civil suits from judicial review applications, finding that the Attorney General cannot be supervised over decisions made by the IGG. The doctrine of issue estoppel did not apply. However, the interim order issued by the Deputy Registrar without notice to parties was illegal and was set aside.

Outcome

Interim order set aside; main application for temporary injunction and judicial review remains pending

Facts

The Inspector General of Government investigated alleged irregularities in a UNRA road contract awarded to EUTAW Construction Company, including a forged insurance bond and fraudulent performance guarantee. EUTAW allegedly subcontracted the work to Chongqing International Corporation Ltd contrary to contract terms. The IGG issued orders to UNRA not to allow Chongqing to participate in a new procurement process. Chongqing filed Misc. Cause No. 63/2014 for judicial review against the Attorney General challenging the IGG's directive. A Deputy Registrar issued an interim order restraining UNRA from implementing the IGG's directive without giving notice to UNRA. The IGG and Inspectorate sought to be substituted for or joined as parties and to set aside the interim order.

Issues

  1. Whether the applicants (Inspector General of Government and Inspectorate of Government) have locus standi to bring this application before the High Court.
  2. Whether the applicants are precluded by the doctrine of issue estoppel from proceeding with this application.
  3. Whether the applicants should be substituted for or joined as parties to Miscellaneous Cause No. 63 of 2014.
  4. Whether the interim order issued by the Deputy Registrar on 6th November 2014 was legal and should stand.

Orders

  • The preliminary objection by the Attorney General and the 2nd Respondent on locus standi fails.
  • The preliminary objection on issue estoppel fails.
  • The preliminary objection by the 3rd Respondent on the legality of the interim order is allowed.
  • The interim order issued by the Deputy Registrar on 6th November 2014 is set aside and/or vacated.
  • Costs be in the cause.

Rules and key headnotes

Judicial Review — Amenability — Bodies Subject to Judicial Review — Constitutional and Statutory Bodies
Where a body derives its power from the Constitution and statute, performs public functions, and makes quasi-judicial decisions affecting rights, that body is amenable to judicial review and must be a party to proceedings challenging its decisions, not merely an interested party.
Judicial Review — Attorney General — Representation — Inspector General of Government
The Attorney General cannot be supervised by judicial review over decisions he did not make; where the Inspector General of Government makes a decision or directive under Article 230(2) of the Constitution, the IGG, not the Attorney General, is the proper party to defend that decision in judicial review proceedings.
Judicial Review — Distinction from Civil Proceedings — Government Proceedings Act
Judicial review proceedings are analogous to proceedings on the crown side of the Queen's Bench Division and are excluded from the definition of civil proceedings under the Government Proceedings Act; the Attorney General's exclusive mandate to represent Government in civil proceedings does not extend to judicial review of decisions made by independent constitutional bodies.
Judicial Review — Locus Standi — Inspector General of Government — Legal Capacity
The Inspector General of Government, as a constitutional office holder performing public duties and making orders under Article 230(2) of the Constitution, has legal capacity to be a party in judicial review proceedings concerning decisions made in the performance of those duties, notwithstanding conflicting authority on the corporate status of the Inspectorate of Government as an institution.
Interim Orders — Notice Requirement — Order 37 Rule 3 — Natural Justice
An interim injunction order issued without notice to the opposite party contravenes the mandatory requirement under Order 37 rule 3 of the Civil Procedure Rules and the principles of natural justice; such an order is illegal, null and void, and must be set aside once the illegality is brought to the court's attention.
Issue Estoppel — Different Parties and Facts — Courts of Equal Jurisdiction
The doctrine of issue estoppel does not apply where the parties and facts are different from a prior case; furthermore, decisions of courts of equal jurisdiction are not binding and each case must be determined on its own merits, giving the court discretion to depart from earlier decisions depending on the circumstances.

Legislation cited (27)

Cases cited (17)

  • Fort Hall Bakery Supply Co. Ltd v Fredrick Muigai Wangoe (1959) EA 474
  • Banque Internationale De Commerce De Pertogard. V. Goukassaow (3), [1923] 2 K. B. 682
  • Halsbury's Laws of England 4th Edition Reissue at paragraph 977
  • M v Home Office [1994] AC 377
  • Reg vs. Powell [1841] 1 Q.B 352
  • Inspectorate of Government v Uvetiso Association Ltd and 3 Others (Misc. Application No. 536 of 2014)
  • Wakiso Transporters and Tours & Travel Ltd and 5 Others v Inspector General of Government and Others (Misc. Cause No. 53 of 2010)
  • Major Roland Kakooza Mutale v Attorney General (Misc. Application No. 655 of 2003)
  • John Teira and Another v Makerere University Council (HCMC No. 49 of 2010)
  • Gordon Sentiba and Others v Inspectorate of Government (Supreme Court Civil Appeal No. 6 of 2008)
  • Kikondwa Butema Farm Ltd v Attorney General (Constitutional Petition No. 10 of 2012)
  • Inspectorate of Government v Kikondwa Butema Farms Ltd and Attorney General (Constitutional Petition No. 14 of 2007)
  • American Procurement Co. Ltd v Attorney General and Inspectorate of Government (Civil Appeal No. 35 of 2009)
  • Fidelitas Shipping Co. Ltd vs. V/O Exportchleb 1965 2 All E.R 4
  • Ridge v. Baldwin (1963) 2 WLR 935 (1964) AC 40
  • Makula International v. Cardinal Nsubuga [1982] HCB 11
  • Hussein Badda v Iganga District Land Board and 4 Others (HCT-00-CV-MA-0479 of 2011)

Full judgment

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

Inspector General of Government & Anor v Attorney General & 2 Ors (Misc. Application No. 744 of 2014) [2015] UGHCCD 1 (9 January 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.