K.K Electrical Company v Uganda Revenue Authority (Miscellaneous Cause No. 18 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed the application for judicial review of a URA tax objection decision on jurisdictional grounds. Held that under Article 152(3) of the Constitution and section 14 of the Tax Appeals Tribunal Act, original jurisdiction to review taxation decisions and objection notices lies with the Tax Appeals Tribunal, not the High Court. The High Court exercises only appellate jurisdiction over decisions of the Tax Appeals Tribunal. The application was misconceived and an abuse of court process.
Outcome
Application dismissed for lack of jurisdiction
Facts
K.K Electrical Company was issued an income tax assessment by URA for the period 01.02.2022 to 30.06.2023 totalling UGX 229,995,048. On 01.03.2025, the Applicant lodged an objection. URA requested supporting documents including financial statements, salary and wage ledgers, payment vouchers, and pay slips. On 20.05.2025, before the Applicant submitted the requested documents, URA issued an objection decision (Refusal No. 45524135) upholding the assessment on grounds of insufficient documentation. The Applicant filed for judicial review seeking certiorari to quash the objection decision and mandamus to compel URA to reconsider the objection after reviewing the documents. URA raised a preliminary objection that the High Court lacked original jurisdiction and that the Applicant had not exhausted statutory remedies.
Issues
- Whether the High Court has original jurisdiction to hear an application for judicial review of a tax objection decision.
- Whether the application is amenable to judicial review where statutory remedies have not been exhausted.
Orders
- Application dismissed.
- Costs awarded to the Respondent.
Rules and key headnotes
Legislation cited (10)
- Constitution of the Republic of Uganda 1995 Article 139
- Constitution of the Republic of Uganda 1995 Article 42
- Constitution of the Republic of Uganda 1995 Article 152(3)
- Civil Procedure Act Cap 282 s.98
- Judicature Act Cap 16 s.40
- Judicature (Judicial Review) Rules 2009 Rule 3
- Judicature (Judicial Review) Rules 2009 Rule 4
- Judicature (Judicial Review) Rules 2009 Rule 6
- Tax Appeals Tribunal Act Cap 341 s.14
- Tax Procedures Code Act Cap 343 s.27
Cases cited (3)
- Dai Us Warfln (1961) A 351
- Uganda Revenue Authority v Ratu Enterprises (U) Ltd (Appeal No. 12 of 2004)
- Makula International Limited Vs His Eminence Cardinal Nsubuga & Anor 1982 HCB 11
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.