Wakilii

Mundo v Minister of State for Internal Affairs (Misc Cause No. 298 of 2013)

High Court · [2013] UGHC 287 · 2013 Suit Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Miscellaneous cause in the nature of judicial review, heard exparte after respondent failed to file a response
Decision
Suit struck out for being incompetent — Minister of State for Internal Affairs has no capacity to be sued

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that a Minister has no capacity to sue or be sued in the absence of specific legislation conferring such capacity on that office. All civil proceedings by or against Government must be instituted by or against the Attorney General under Article 250(2) of the Constitution. The exception applies only where an officer exercises quasi-judicial powers and is expressly made amenable to suit by statute. The suit was struck out as incompetent.

Outcome

Suit struck out for being incompetent — Minister of State for Internal Affairs has no capacity to be sued

Facts

The applicant, Efren Guerra del Mundo, brought a miscellaneous cause against the Minister of State for Internal Affairs. The applicant served both the Minister and the Attorney General with process, but neither filed a response. Counsel for the applicant sought leave to proceed exparte, arguing that in judicial review matters the aggrieved party targets the decision maker and the Attorney General is served but does not become a party. The court considered the proper party to sue in matters concerning Government and examined the constitutional and statutory provisions governing civil proceedings by or against Government.

Issues

  1. Whether the Minister of State for Internal Affairs has capacity to sue or be sued as a party to court proceedings.
  2. Whether a suit brought against a Minister as opposed to the Attorney General is competent under Article 250(2) of the Constitution.

Orders

  • Suit struck out as incompetent.
  • No order as to costs.

Rules and key headnotes

Judicial Review — Capacity to Sue — Ministers
A Minister has no capacity to sue or be sued unless there is specific legislation giving mandate to that particular office or department to sue or be sued.
Parties — Government as a Party — Constitutional Requirement
All civil proceedings by or against Government must be instituted by or against the Attorney General under Article 250(2) of the Constitution and section 10 of the Government Proceedings Act, unless specific legislation provides otherwise.
Competence of Suit — Joinder of Parties Without Capacity
A suit brought against a body or office without power to sue or be sued is incompetent and liable to be struck out.
Judicial Review — Officers Exercising Quasi-Judicial Powers
The constitutional requirement that the Attorney General be the proper party does not apply where an officer exercises quasi-judicial powers and is expressly made amenable to judicial review by statute, such as the Commissioner Land Registration under section 91 of the Land Act or the Registrar of Titles under sections 174 and 182 of the Registration of Titles Act.

Legislation cited (5)

Cases cited (6)

  • Kaggwa Andrew and 4 Others v Minister of Internal Affairs (Misc Cause No. 105 of 2002)
  • United Reflexologist of Uganda Ltd and Another v Malinga (Misc Cause No. 12 of 2011)
  • Boniface I Arinze and Others v Commandant Aviation Police Entebbe (Misc Cause No. 172 of 2006)
  • Yustus Tinkasimiire and 18 Others v Attorney General and Another (Misc Cause No. 35 of 2012)
  • Eng Frank Sebowa and Another v Minister of Energy and Mineral Development and Others (Misc Cause No. 207 of 2010)
  • Col. (RTD) Kizza Besigye and 22 Others v Director of Public Prosecutions and Attorney General (Constitutional Petition No. 12 of 2006)

Full judgment

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

Mundo v Minister of State for Internal Affairs (Misc Cause No. 298 of 2013) [2013] UGHC 287 (7 October 2013)
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.