Mugabo & 14 Others v Kabarole District Local Government (Miscellaneous Cause 19 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The applicants, persons with disabilities, sought mandamus to compel the respondent District Local Government to disclose documents related to management of disability grants and council appointments. During the proceedings, the respondent provided some requested documents and reported others missing to police. The court found the application moot given the changed circumstances and declined to determine the substantive issues. The court exercised discretion to award no costs to either party in the spirit of promoting reconciliation under Article 126(2)(e) of the Constitution.
Outcome
Application dismissed as moot after respondent provided some documents and reported others missing to police
Facts
The applicants, fifteen persons with disabilities residing in Kabarole District, sought disclosure of documents from the respondent District Local Government concerning management of disability grants, bursaries, and appointments to the disability council. In a letter dated 1 September 2023, the applicants requested various accountability documents and appointment letters. The respondent initially agreed to provide the documents by 15 October 2023 but failed to do so within that timeframe. The applicants then filed this application on 22 December 2023 seeking mandamus. During the proceedings in May 2024, the respondent served several documents on the applicants. The respondent informed the court that some documents of interest may have been lost during office relocation and reported the missing documents to Boma Police under reference 17/17/06/2023. By June 2024, counsel for the applicants indicated inability to proceed given the police investigation.
Issues
- Whether the application raises sufficient grounds for the grant of orders sought.
- What remedies are available to the parties?
Orders
- Application dismissed.
- No order as to costs.
Legislation cited (10)
- Constitution of the Republic of Uganda Art.41(1)
- Constitution of the Republic of Uganda Art.126(2)(e)
- Access to Information Act Cap 95 s.5(1)
- Access to Information Act Cap 95 s.5(2)
- Access to Information Act Cap 95 s.6(a)
- Access to Information Act Cap 95 s.6(b)
- Civil Procedure Act Cap 282 s.98
- Civil Procedure Act s.27
- Civil Procedure Rules O.52 r.2
- Civil Procedure Rules O.52 r.3
Cases cited (3)
- Impressa Infortunato Federice v Irene Nabwire (SCCA No. 3 of 2000)
- Kivumbi Paul v Namugenyi Zulah (Civil Revision No. 10 of 2014)
- Kiska Ltd Vs De Angelias [1969] EA 6
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.