Wakilii

Makaru v Attorney General & Anor (Miscellaneous Application No. 1288 of 2016)

High Court · [2016] UGHCEBD 29 · 2016 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for mandamus arising from execution proceedings to enforce judgment in civil suit
Decision
Writ of mandamus issued compelling Treasury to perform statutory duty to pay decree holder

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted mandamus to compel the Treasury Officer of Accounts to pay a decretal sum to a judgment creditor where the Attorney General failed to satisfy a certificate of order against Government issued under the Government Proceedings Act s.19. The applicant established a clear legal right to payment, the respondents had a corresponding statutory duty to pay, and the applicant had no effective alternative remedy after attempted attachment was declared illegal.

Outcome

Writ of mandamus issued compelling Treasury to perform statutory duty to pay decree holder

Facts

The applicant obtained judgment against the Government of Uganda in Civil Suit No. 152 of 2005 on 12 November 2013. A certificate of order against Government was extracted on 12 June 2014 requiring payment of UGX 64,955,200 (decretal sum) and UGX 12,268,564 (taxed costs). The certificate was served on the Attorney General on 26 June 2014. Despite service and acknowledgement of receipt, the Government failed to pay. The applicant attempted to attach Government property, but the attachment was opposed as illegal. The Attorney General made promises to pay but failed to honour them. After exhausting other remedies and receiving no payment, the applicant filed this application seeking mandamus to compel payment.

Issues

  1. Whether this is a proper case for the issue of the order of mandamus

Orders

  • The writ of mandamus to issue to compel the Treasury Officer of Accounts / Secretary to Treasury to perform his statutory duty and pay the Applicant the decretal sum due and owing to him together with the duly taxed costs.
  • Continued failure and or refusal to pay the Applicant the moneys due and owing to him amounts to contempt of court orders.
  • Application allowed with costs to the Applicant.

Rules and key headnotes

Administrative Law — Mandamus — Requirements for Grant
To obtain a writ of mandamus, an applicant must establish: (1) a clear legal right and a corresponding duty in the respondent; (2) that some specific act or thing which the law requires that particular officer to do has been omitted; (3) lack of any alternative remedy; or (4) that an alternative remedy exists but is inconvenient, less beneficial, less effective or totally ineffective.
Civil Procedure — Execution Against Government — Certificate of Order
Under Government Proceedings Act s.19, satisfaction of orders against Government requires issuance of a certificate of order against Government to be served upon the Attorney General, whereupon the Government has a statutory duty to satisfy the decree or order of payment.
Judicial Review — Mandamus — Enforcement of Judgment Against Government
Mandamus will issue to compel the Treasury Officer of Accounts to perform the statutory duty to pay a decree holder where a certificate of order against Government has been duly served, payment has not been made, and the judgment creditor has no effective alternative remedy because attempted attachment of Government property was declared illegal.
Administrative Law — Mandamus — Plainly Defined Duty
Mandamus will not issue to enforce doubtful rights; the duty to perform an act must be indisputable and plainly defined.

Legislation cited (5)

Cases cited (1)

  • Nampogo Robert and Another v Attorney General (HCCS CV MC No. 0048 of 2009)

Full judgment

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

Makaru v Attorney General & Anor (Miscellaneous Application No. 1288 of 2016) [2016] UGHCEBD 29 (11 November 2016)
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.