Wakilii

Khaukha Paul Isaac v Uganda National Roads Authority (Miscellaneous Application No. 04 of 2024)

High Court · [2026] UGHC 869 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to compel compliance with consent order arising from Civil Suit No. 14 of 2021
Decision
Application dismissed for failure to extract and serve Certificate of Order against government agency

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An application for an order compelling a government agency to comply with a consent judgment was dismissed where the applicant failed to extract and serve a Certificate of Order against the government. Following Goodman Agencies Ltd, the court held that mandamus will only issue upon refusal to honor a duly served Certificate of Order. Lack of funding does not excuse non-compliance with court orders, but proper procedural requirements must be met before the court can compel performance.

Outcome

Application dismissed for failure to extract and serve Certificate of Order against government agency

Facts

The Applicant sued the Respondent and Arab Contractors in Civil Suit No. 14 of 2021 for negligence and nuisance arising from a broken and diverted drainage channel that damaged his property at Namisindwa Guest House. The suit was settled by consent on 14 December 2022. Arab Contractors paid UGX 110,000,000 for damage and costs. The consent order required UNRA to temporarily rectify the drainage channel within two months and permanently rectify it within six months. The consent was entered by court on 21 December 2022. UNRA failed to comply despite several reminders. The Applicant brought this application to compel compliance and sought damages. UNRA claimed insufficient funding due to dependence on government releases. The Applicant did not extract or serve a Certificate of Order against the government before bringing the application.

Issues

  1. Whether the Respondent should be compelled to comply with the terms of the consent order executed on 14/12/2022 and entered by the Court on 21/12/2022.
  2. Whether the Applicant is entitled to general and punitive damages arising out of the Respondent's default.

Orders

  • Application dismissed.
  • Each party to bear its own costs.

Rules and key headnotes

Mandamus — Requirements for Order Compelling Government Agency
An applicant seeking an order of mandamus to compel a government agency to comply with a court decree must show: (a) it enjoyed a right; (b) the right is specified by a decree of court; (c) a Certificate of Order against the Government has been extracted and duly served on the respondents; and (d) the respondents refused to honor the Certificate of Order.
Enforcement Against Government — Certificate of Order
Reminders to pay or notices to show cause issued to a government agency are not sufficient to ground an order of mandamus in the absence of extraction and service of a Certificate of Order. Mandamus will only issue upon refusal to honor the Certificate of Order after proper service.
Government Agencies — Duty to Comply with Court Orders
A government agency under a legal duty to comply with a consent judgment cannot be excused from performance merely on grounds of insufficient funding or circumstances beyond its control. Such an agency is under a public duty to give effect to court orders, and failure to do so warrants judicial intervention to compel performance, provided procedural requirements are met.

Legislation cited (6)

Cases cited (2)

  • Goodman Agencies Ltd & 3 Others v Attorney General & Treasury Officer of Accounts (Miscellaneous Application No. 126 of 2008)
  • Intex Construction Ltd v Attorney General & Anor (Miscellaneous Application No. 737 of 2013)

Full judgment

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

Khaukha Paul Isaac v Uganda National Roads Authority (Miscellaneous Application No. 04 of 2024) [2026] UGHC 869 (31 July 2026)
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.