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Kakungulu & Anor v Town Clerk Jinja Municipal Council & Anr (MISCELLANEOUS APPLICATION N0. 021 OF 2017)

High Court · [2018] UGHCCD 125 · 2018 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking prerogative order of mandamus to compel approval of building plans
Decision
Mandamus granted directing respondents to communicate a decision on building plans within 21 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an application for judicial review was in time where the respondents failed to communicate a decision on building plans for eight months, constituting a continuing breach actionable once the delay became unreasonable. Mandamus granted to compel the respondents to communicate a decision, but the court declined to direct approval of the plans as judicial review supervises the decision-making process, not the merits of decisions.

Outcome

Mandamus granted directing respondents to communicate a decision on building plans within 21 days

Facts

The applicants submitted building plans to Jinja Municipal Council on 21 September 2016 for Plot 5 Odaka Close, Masese Division. They waited several months without response. National Water and Sewerage Corporation initially issued a letter of no objection in December 2016, but later in May 2017 objected that the plot contained high-pressure water pipes posing danger. The respondents asserted the delay arose from considering this subsequent objection and that a final decision was still pending. By the time the applicants filed for judicial review on 18 April 2017, eight months had elapsed without a decision being communicated.

Issues

  1. Whether the application for judicial review was filed in time under the Judicature (Judicial Review) Rules 2009.
  2. Whether the respondents' failure to decide the building plan application within a reasonable time justified the grant of a prerogative order of mandamus.

Orders

  • Preliminary objection on timeliness overruled.
  • Respondent to communicate a decision to the applicant within 21 days of reading of this ruling.
  • Costs of the application awarded to the applicants.

Rules and key headnotes

Judicial Review — Timeliness — Continuing Breach
Where a public authority fails to render a decision within a reasonable time, this constitutes a continuing breach that becomes actionable once the delay grows unreasonable, and an application for judicial review in such circumstances is not time-barred under Rule 5 of the Judicature (Judicial Review) Rules 2009.
Judicial Review — Mandamus — Scope of Relief
The High Court in exercising judicial review has a supervisory role limited to ensuring fair treatment in the decision-making process and cannot direct what substantive decision a public authority must reach on the merits; mandamus may compel a decision to be made but not direct the content of that decision.
Judicial Review — Unreasonable Delay — Mandamus
An unreasonable delay by a public authority in communicating a decision it is duty-bound to make is ultra vires and may be remedied by an order of mandamus compelling the authority to render and communicate its decision within a specified time.

Legislation cited (6)

  • Judicature Act s.36(1)(a)
  • Judicature (Judicial Review) Rules 2009 r.3(1)(a)
  • Judicature (Judicial Review) Rules 2009 r.6(1)
  • Judicature (Judicial Review) Rules 2009 r.8
  • Judicature (Judicial Review) Rules 2009 r.5
  • Public Health and (Building) Rules r.12

Cases cited (4)

  • Katungi Tonny v Attorney General (Miscellaneous Application No. 266 of 2016)
  • Gen Davis Sejusa v Attorney General (Miscellaneous Cause No. 176 of 2015)
  • Chief Constable of North Wales Police v Evans [1982] 3 All ER 141
  • John Kasibo v Commissioner of Customs (Miscellaneous Application No. 44 of 2007)

Full judgment

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

Kakungulu & Anor v Town Clerk Jinja Municipal Council & Anr (MISCELLANEOUS APPLICATION N0. 021 OF 2017) [2018] UGHCCD 125 (17 July 2018)
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.