Mugumya v Attorney General (Misc. Cause No. 0116 of 2015)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Application for judicial review struck out as time-barred. Held that Rule 5 of the Judicature (Judicial Review) Rules requiring applications to be made within three months applies to all judicial review applications. The applicant's argument that constitutional and statutory provisions without time limits override the Rules was rejected. An interdiction from 2011 challenged in 2015 was clearly out of time.

Outcome

Application struck out for being filed out of time

Facts

The applicant, IP Mugumya, was interdicted from his position as Officer in Charge of Kira Road Police Station by the Inspector General of Police on 6 July 2011. On 11 August 2015, approximately four years later, the applicant filed a judicial review application seeking prerogative orders of mandamus, prohibition, certiorari, and damages. The respondent raised a preliminary objection that the application was filed out of time under Rule 5 of the Judicature (Judicial Review) Rules, which requires such applications to be made promptly and within three months. The applicant argued that the time limitation did not apply because the application was also brought under constitutional and statutory provisions that contain no time limits.

Issues

1. Whether the judicial review application was filed within the time limits prescribed by Rule 5 of the Judicature (Judicial Review) Rules.
2. Whether the time limitation in the Judicature (Judicial Review) Rules applies when the application is also brought under constitutional and statutory provisions without time limits.

Orders

• Preliminary objection upheld.
• Application struck out with costs to the respondent.

Rules and key headnotes

Legislation cited (9)

• Constitution of Uganda Art.44
• Constitution of Uganda Art.50
• Judicature Act s.33
• Judicature Act s.36
• Judicature (Judicial Review) Rules SI 11 of 2009 r.3
• Judicature (Judicial Review) Rules SI 11 of 2009 r.4
• Judicature (Judicial Review) Rules SI 11 of 2009 r.5
• Judicature (Judicial Review) Rules SI 11 of 2009 r.6
• Judicature (Judicial Review) Rules SI 11 of 2009 r.7

Cases cited (1)

• Bukenya Church Ambrose v Attorney General (Constitutional Petition No. 26 of 2010)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Okwaimungu v Chief Admnistrative officer (Miscellaneous Cause No. 3 of 2020)

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