Wakilii

Lakony v Gulu District Service Commission (MISCELLANEOUS CIVIL APPLICATION No. 0110 OF 2018)

High Court · [2018] UGHCCD 36 · 2018 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex-parte application for certificate of urgency to have an injunction application heard during court vacation
Decision
Application dismissed — certificate of urgency refused

Observed later treatment

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Holding

Application for certificate of urgency dismissed. The court held that while the applicant demonstrated temporal urgency, the substantive application was fatally flawed because it was filed against a District Service Commission which lacks legal personality and capacity to sue or be sued under the Local Governments Act. The applicant also failed to establish prima facie merit as the supporting affidavit was based on undisclosed sources of information and lacked material disclosure regarding qualifications and decision-making processes.

Outcome

Application dismissed — certificate of urgency refused

Facts

The applicant was Acting Principal Education Officer for Gulu Municipal Council. On 7 May 2018, the Council advertised the substantive post. Eight persons applied, including the applicant. On 16 July 2018 (after court vacation commenced), the Gulu District Service Commission shortlisted only one candidate, Mr. Irwenyo Richard, and scheduled an interview for 27 July 2018 (during vacation). On 18 July 2018, the applicant filed an application for prerogative orders (certiorari, prohibition, mandamus) fixed for 16 August 2018, and a separate injunction application not yet fixed. He then filed this ex-parte application for a certificate of urgency seeking to have the injunction application heard during the vacation to stop the scheduled interview.

Issues

  1. Whether the application for a certificate of urgency should be granted to allow the injunction application to be heard during court vacation.
  2. Whether the applicant established sufficient urgency to warrant vacation hearing.
  3. Whether the substantive application has prima facie merit.
  4. Whether the respondent (Gulu District Service Commission) has legal capacity to be sued.

Orders

  • Application for certificate of urgency dismissed.
  • No order as to costs.

Rules and key headnotes

Certificate of Urgency — Test for Urgency — Non-Timeous Action
Urgency involves the abridgment of prescribed time and departure from established filing times. A matter is urgent if, at the time the need to act arises, it cannot wait. Urgency stemming from deliberate or careless abstention from action until the deadline draws near is not the type contemplated by the rules. The certificate or supporting affidavit must always explain any delay in taking action.
Certificate of Urgency — Prima Facie Merit Requirement
In certifying a matter as urgent, the court is not to take verbatim what the applicant says regarding urgency but must apply its mind to the circumstances and reach an independent judgment on urgency alongside the prima facie merits. A matter clearly devoid of merit cannot be brought as one of urgency. Even where special urgency exists, if the court has serious reservations as to merit, the certificate ought not be granted.
Affidavit Evidence — Hearsay — Disclosure of Source of Information
Affidavits based on information must disclose the source of that information. An affidavit in which the deponent's source of information is unknown is unreliable and can have no evidential value. Material non-disclosure in affidavits supporting applications for certificates of urgency is discouraged by the courts.
District Service Commission — Legal Capacity — Capacity to Be Sued
A District Service Commission established under section 54 of the Local Governments Act does not have corporate existence or legal capacity to sue or be sued. By virtue of section 6 of the Act, corporate existence is conferred upon the Local Government Council by which the District Service Commission is constituted. A suit by or against a non-existing party is bad in law and ought to be rejected by court since it cannot be amended by replacing such a party with one that has legal existence.

Legislation cited (9)

Cases cited (6)

  • Kuvarega v Registrar General (1998) 1 ZLR 188
  • Patrick Premchand Raichand Ltd v Quarry Services of East Africa Ltd [1969] EA 514
  • Corporative Bank Ltd v Kasiko [1983] HCB 73
  • Re Kikoma Saw Millers Co [1976] HCB 50
  • Fort Hall Bakery Supply Co v Fredrick Muigai Wangoe [1959] 1 EA 474
  • Auto Garage v Motokov [1971] EA 514

Full judgment

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Lakony v Gulu District Service Commission (MISCELLANEOUS CIVIL APPLICATION No. 0110 OF 2018) [2018] UGHCCD 36 (23 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.