Wakilii

Mbabazi v Kabale Municipal Council and Another (Civil Suit 27 of 2019)

High Court · [2023] UGHC 80 · 2023 Preliminary Objection Upheld — Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection by 2nd Defendant to competence of suit brought under Article 50 of the Constitution
Decision
Suit dismissed on preliminary objection for failure to disclose a cause of action

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a suit brought under Article 50 must relate directly to fundamental rights and freedoms guaranteed under the Constitution and the facts pleaded must bear out the existence of such a right and its breach. Where a plaint does not cite or disclose any infringement of a constitutional right or freedom, it discloses no cause of action and must be struck out under Order 6 Rule 30(1) of the Civil Procedure Rules.

Outcome

Suit dismissed on preliminary objection for failure to disclose a cause of action

Facts

The plaintiff sued Kabale Municipal Council (1st Defendant) and Uganda National Roads Authority (2nd Defendant) seeking declarations that the construction of permanent lock-up shops in a road reserve along Kabale Police grounds was illegal. The suit was brought under Article 50 of the Constitution alleging infringement of rights. The 2nd Defendant raised a preliminary objection that the plaint disclosed no cause of action. The plaintiff alleged the 2nd Defendant connived with the 1st Defendant by failing to take regulatory action to stop the encroachment despite being aware of it. The plaintiff claimed to have visited the defendants' offices to protest but was ignored, though no proof of visits or correspondence was provided.

Issues

  1. Whether the plaint disclosed a reasonable cause of action against the 2nd Defendant sufficient to sustain an action under Article 50 of the Constitution.
  2. Whether the suit met the requirements for litigation under Article 50 by demonstrating infringement of a fundamental right or freedom guaranteed under the Constitution.

Orders

  • Preliminary objection of the 2nd Defendant upheld.
  • Suit dismissed.
  • Each party to bear their own costs.

Rules and key headnotes

Constitutional Law — Article 50 Enforcement Actions — Requirements for Competence
In order to proceed or bring actions under Article 50 of the Constitution, the matter must relate directly to fundamental rights and freedoms guaranteed under the Constitution.
Civil Procedure — Pleadings — Cause of Action — Disclosure Requirements
A cause of action means every fact which, if traversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment of the Court. It is not enough to assert the existence of a right; the facts set out in the pleading must bear out the existence of such a right and its breach giving rise to relief.
Civil Procedure — Striking Out — Failure to Disclose Cause of Action
Where a plaint brought under Article 50 does not cite or disclose any infringement of a constitutional right or freedom as the basis for filing the suit, it discloses no reasonable cause of action and must be struck out under Order 6 Rule 30(1) of the Civil Procedure Rules.
Administrative Law — Exhaustion of Remedies — Statutory Procedures
Where a specific statutory procedure is provided for addressing a grievance, parties should exhaust that process or other remedies before filing an action in Court.

Legislation cited (11)

Cases cited (4)

  • Major General David Tinyefuza v Attorney General (Constitutional Appeal No. 1 of 1997)
  • Kimpi Isabirye v Attorney General and Dr. Medard Bitekyekerezo (HCMC No. 23 of 2017)
  • Aboneka Michael and Centre for Constitutional Governance v Attorney General (HCMC No. 367 of 2018)
  • Kawuki Mathias v Commissioner General Uganda Revenue Authority (HCMA No. 14 of 2014)

Full judgment

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

Mbabazi v Kabale Municipal Council and Another (Civil Suit 27 of 2019) [2023] UGHC 80 (28 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.