Wakilii

Lukwago Habib v Attorney General & Permanent Secretary Secretary to the Treasury, Ministry of Finance, Planning & Economic Development (Miscellaneous Cause 28 of 2020)

High Court · [2023] UGHC 228 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for writ of mandamus to enforce payment of judgment debt arising from Civil Suit No. 25 of 2009
Decision
Writ of mandamus granted compelling payment of judgment debt within 14 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an order of mandamus compelling the Government to pay a judgment debt of UGX 92,351,600 plus interest and costs arising from Civil Suit No. 25 of 2009. Held that Section 19(3) of the Government Proceedings Act imposes an unconditional obligation on the Treasury Officer to pay decretal sums once a Certificate of Order is served, save where an appeal exists. The Government's failure to pay for five years despite service in 2018 was unjustified. Budgetary constraints do not waive Government's obligation to satisfy judgment debts or excuse non-compliance with court orders.

Outcome

Writ of mandamus granted compelling payment of judgment debt within 14 days

Facts

The Applicant obtained judgment in Civil Suit No. 25 of 2009 against the Attorney General on 3 April 2017 for UGX 92,351,600 comprising special damages, general damages, interest and costs. Costs were taxed on 1 February 2018. The Applicant extracted a Certificate of Order against Government and served it on the Attorney General on 28 February 2018 together with a written demand for payment. No appeal was filed against the judgment. Despite service and demand, the Government failed to pay the judgment debt. The Applicant then brought this application for a writ of mandamus. The Respondents opposed on grounds that the funds had not been budgeted for in the current financial year and that no monies could be withdrawn from the Consolidated Fund without parliamentary appropriation. By the time of this ruling, approximately five years had elapsed since service of the Certificate of Order without payment.

Issues

  1. Whether the present application is a proper case for the issuance of a writ of Mandamus.
  2. What remedies are available to the parties.

Orders

  • Application allowed.
  • A writ of Mandamus issued in favour of the Applicant and against the Permanent Secretary, Ministry of Finance and Economic Development/Secretary to the Treasury.
  • The Permanent Secretary, Ministry of Finance and Economic Development/Secretary to the Treasury is directed to pay to Mr. Habib Lukwago all monies, interest and costs due to him vide the judgment and decree at the Chief Magistrate's Court of Jinja within 14 days of receipt of this order.
  • Costs of this Application awarded to the Applicant.

Rules and key headnotes

Administrative Law — Mandamus — Conditions for issuance — Enforcement of judgment debt against Government
For an order of mandamus to issue to enforce a judgment debt against Government, the applicant must demonstrate that: (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 honour the Certificate of Order by refusing to pay the amount decreed therein.
Administrative Law — Government Proceedings — Obligation to pay judgment debt — Section 19(3) Government Proceedings Act
Section 19(3) of the Government Proceedings Act imposes an unconditional obligation on the Treasury Officer of accounts or such other Government Accounting Officer to pay a decretal sum upon service of a Certificate of Order, with an exception for non-satisfaction only where an appeal exists. The provision does not condition payment on the applicant providing evidence that the amount forms part of authorized expenditures, budgetary allocations or parliamentary approvals.
Constitutional Law — Separation of Powers — Duty to comply with court orders — Article 128(3) Constitution
Article 128(3) of the Constitution provides that all organs and agencies of the State shall accord to the Courts such assistance as may be required to ensure the effectiveness of the Courts. Failure by Government to satisfy a judgment debt is a clear violation of this Constitutional provision.
Civil Procedure — Execution against Government — Immunity from attachment — Government Proceedings Act s.14
Where a monetary decree has been issued against the Government, the decree can only be enforced by way of an order of mandamus compelling the accounting officer in the relevant ministry to pay the decretal sum, as the Government is protected and given immunity from execution and attachment of its property or goods under Section 14 of the Government Proceedings Act.
Administrative Law — Government Liability — Budgetary constraints as defence to judgment debt — Management failure
The question of budget and parliamentary appropriation does not excuse Government from paying judgment debts. There should be in place sufficient funds to meet judgment debts. If there are no sufficient funds, it is a problem of management. Government's obligation to pay its debts is not waived by budgetary processes, and failure to pay is a matter of failure to prioritize or lack of commitment rather than a legal impediment.

Legislation cited (18)

Cases cited (6)

  • Mukasa John v Attorney General & Anor (Miscellaneous Cause No. 0094 of 2019)
  • Nampogo Robert & Anor v Attorney General (Constitutional Petition No. 43 of 2012)
  • Haruna Nsereko Isabirye v Attorney General & Anor (Miscellaneous Application No. 12 of 2018)
  • Nampongo Robert & Tumwesigye Moses v Attorney General (Constitutional Petition No. 43 of 2012)
  • 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.

Lukwago Habib v Attorney General & Permanent Secretary_ Secretary to the Treasury, Ministry of Finance, Planning & Economic Development (Miscellaneous Cause 28 of 2020) [2023] UGHC 228 (22 February 2023)
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.