Wakilii

Kironde v Secretary to the Treasury Ministry of Finance Planning and Economic Development and Another (Miscellaneous Application No. 14 of 2020)

High Court · [2022] UGHCCD 15 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for order of mandamus to enforce payment of judgment debt from Civil Suit No. 025 of 2001
Decision
Order of mandamus issued compelling payment of judgment debt to applicant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted an order of mandamus compelling Government to pay a judgment debt. The applicant held a Certificate of Order against Government certifying entitlement to payment of damages, interest, and costs from Civil Suit No. 025 of 2001. Despite service and reminders, Government failed to honour the certificate. Court found the applicant had proved entitlement and that efforts to obtain payment had been futile, warranting the grant of mandamus.

Outcome

Order of mandamus issued compelling payment of judgment debt to applicant

Facts

The applicant obtained judgment in Civil Suit No. 025 of 2001 against the Attorney General for special damages of UGX 870,000 with 18% interest per annum and general damages of UGX 18,000,000 with 6% interest from judgment date. Costs were taxed at UGX 5,579,000 and UGX 6,195,000 for the suit and miscellaneous applications. A Certificate of Order against Government was issued on 18 October 2019 certifying the applicant's entitlement. Despite service and multiple reminders, Government failed to pay. The applicant was informed he would be paid and appeared for verification but was turned away under unclear circumstances. Government did not respond to the mandamus application.

Issues

  1. Whether the applicant is entitled to an order of mandamus compelling the respondents to pay judgment debt certified in the Certificate of Order against Government.

Orders

  • An order for mandamus is issued compelling the Respondents to pay the Applicant's monies stipulated in the Certificate of Order.
  • Costs of the application are awarded to the Applicant.

Rules and key headnotes

Mandamus — Grant Against Government — Enforcement of Judgment Debt
An order of mandamus will be granted to compel Government to pay a judgment debt where the judgment creditor holds a valid Certificate of Order against Government and has made futile efforts to obtain payment.
Execution Against Government — Certificate of Order — Evidentiary Value
A Certificate of Order against Government certifies that a judgment creditor is entitled to payment of the amounts stated therein and constitutes sufficient evidence of entitlement for purposes of a mandamus application.
Mandamus — Nature and Purpose
An order of mandamus is a command issued by the High Court directed to any person, corporation, or inferior tribunal requiring them to do some particular thing specified in the command which appertains to their office and is in the nature of a public duty.

Legislation cited (6)

Cases cited (1)

  • Janet Kobusingye v Uganda Land Commission (Miscellaneous Cause No. 28 of 2013)

Full judgment

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

Kironde v Secretary to the Treasury Ministry of Finance Planning and Economic Development and Another (Miscellaneous Application No. 14 of 2020) [2022] UGHCCD 15 (17 January 2022)
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.