Wakilii

Maria Nansubuga & Ors v Iganga Town Council (MISCELLANEOUS APPLICATION NO. 05 OF 2008) (MISCELLANEOUS APPLICATION NO. 05 OF 2008)

High Court · [2008] UGHC 15 · 2008 Leave Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to apply for judicial review of administrative decision to suspend business licence
Decision
Leave granted to proceed with judicial review application

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted leave to apply for judicial review where the Town Council suspended the applicants' transport business licence without affording them a hearing. The suspension violated the constitutional right to be heard under Article 28 and the right to carry on a lawful occupation under Article 40(2). Applicants demonstrated prima facie breach of natural justice and suffered loss inadequately compensable by damages alone.

Outcome

Leave granted to proceed with judicial review application

Facts

The applicants operated a registered transport business in Iganga. In November 2007 they registered Eastern Tours and Transport and obtained an operating licence from Iganga Town Council. On 16 January 2008, Council officials served notice suspending their licence, alleging the applicants engaged in touting and loading passengers along streets contrary to their mandate as tourist transport operators, and that their activities prejudiced Council revenue collection. The suspension was pending investigation into whether their activities were ultra vires. The applicants denied the allegations, stating their vehicles did not engage in touting, they had paid required fees, and the suspension was intended to create an illegal monopoly for favoured operators. Their 13 vehicles, earning 910,000 shillings daily, were forced to cease operations.

Issues

  1. Whether the applicants have made out a prima facie case for the grant of leave to apply for judicial review.
  2. Whether the suspension of the applicants' business licence without prior hearing violated the rules of natural justice and constitutional rights.

Orders

  • Leave granted to bring an application for judicial review for the reliefs claimed.
  • Application for judicial review to be filed within 30 days from the date of this order.
  • Costs of this application to abide the main application for judicial review.

Rules and key headnotes

Judicial Review — Leave to Apply — Test for Grant of Leave — Prima Facie Case
For a court to grant leave to apply for judicial review, the applicant must present facts that satisfy the court that a prima facie case exists for leave to be granted.
Administrative Law — Natural Justice — Right to Be Heard — Suspension Without Hearing
Where an administrative authority suspends a business licence without giving the licence holder notice or an opportunity to be heard on the alleged offences, such action violates the rules of natural justice enshrined in Article 28 of the Constitution and constitutes grounds for judicial review.
Constitutional Law — Fundamental Rights — Right to Carry on Lawful Occupation
Article 40(2) of the Constitution guarantees every person in Uganda the right to practice their profession and carry on any lawful occupation, trade or business. Administrative action that prevents a person from exercising this right without due process is subject to judicial review.
Administrative Law — Right to Fair Treatment — Article 42 of the Constitution
Article 42 of the Constitution provides that any person appearing before an administrative official or body has a right to be treated justly and fairly and shall have the right to apply to a court of law in respect of any administrative decision taken against them.

Legislation cited (6)

Cases cited (2)

  • Kikonda Butema Farmers Ltd v Inspector General of Government (Court of Appeal Civil Appeal No. 35 of 2002)
  • Professor Francis Omaswa and Dr Catherine Omaswa (Miscellaneous Application No. 179 of 2006)

Full judgment

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

Maria Nansubuga & Ors v Iganga Town Council (MISCELLANEOUS APPLICATION NO. 05 OF 2008) (MISCELLANEOUS APPLICATION NO. 05 OF 2008) [2008] UGHC 15 (3 October 2008)
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.