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Nagenda v The Secretary Uganda Land Commission Another (MISCELLANEOUS APPLICATION NO 4 OF 2020)

High Court · [2020] UGHCCD 215 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking an order of mandamus to compel payment of a judgment debt arising from Civil Suit No. 487 of 2018
Decision
Order of mandamus granted compelling the Secretary of Uganda Land Commission to pay the judgment debt totalling UGX 1,062,778,000/= within the financial year

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an order of mandamus will issue to compel a public officer to perform a statutory duty where the applicant demonstrates a clear legal right, a corresponding duty on the respondent, a specific omission by that officer, and lack of an adequate alternative remedy. Where a judgment creditor has made repeated demands for payment of a decretal sum and the accounting officer of the judgment debtor has failed to effect payment or include the debt in budget estimates, mandamus is the appropriate remedy to compel performance of that public duty.

Outcome

Order of mandamus granted compelling the Secretary of Uganda Land Commission to pay the judgment debt totalling UGX 1,062,778,000/= within the financial year

Facts

The applicant obtained judgment in Civil Suit No. 487 of 2018 on 28th October 2019 for UGX 460,000,000/= being balance due for land under the Land Fund Programme, plus interest at 20% per annum from 29th October 2014, general damages of UGX 100,000,000/=, and taxed costs of UGX 19,778,000/=. The 2nd respondent did not appeal. The applicant made demands for payment through his lawyers on multiple occasions in February and March 2020. On 14th February 2020, the applicant's representatives met with officials of the 2nd respondent, but the Chairperson stated they could not provide a solution and gave no valid reason for non-payment. Subsequent written demands dated 26th February 2020 and 9th March 2020 were ignored. The total sum claimed at the time of application was UGX 1,062,778,000/=. The respondents did not oppose the application or file submissions despite legal representation.

Issues

  1. Whether the applicant is entitled to the grant of an Order of Mandamus to compel the respondent to satisfy a judgment debt.

Orders

  • An order of Mandamus issued against the 1st respondent compelling him/her to pay UGX 460,000,000/= and interest thereof of 20% per annum from 29th October 2014 when valuation was confirmed till payment in full.
  • General damages of UGX 100,000,000/= to be paid.
  • Costs of the suit taxed at UGX 19,778,000/= to be paid.
  • Total sum currently totalling UGX 1,062,778,000/= to be paid.
  • Respondent directed to effect payment within the financial year 2020-2021.
  • No order as to costs of the application.

Rules and key headnotes

Judicial Review — Mandamus — Requirements for Grant
An applicant for an order of mandamus must establish: (a) a clear legal right and corresponding duty on the respondent; (b) that a specific act or thing which the law requires that particular officer to do has been omitted by him; (c) lack of an alternative remedy; or (d) where an alternative exists but is inconvenient, less beneficial or totally ineffective.
Administrative Law — Public Officers — Duty to Perform Statutory Obligations
Public officers can be compelled to perform a statutory duty as obligated by law. Where an accounting officer of a public body has a statutory duty under Land Act s.50 to effect payment of court orders, failure to do so without valid reason renders that officer liable to be compelled by mandamus.
Civil Procedure — Enforcement of Judgments — Mandamus as Remedy
Where a judgment debtor is a public body and its accounting officer fails or refuses to satisfy a decree after repeated demands, mandamus is an appropriate remedy to compel the officer to effect payment or to include the debt in budget estimates for payment.
Civil Procedure — Undefended Applications — Effect of Non-Response
Where a respondent does not file an affidavit in reply or submissions in opposition to an application, the court may treat such failure as an admission of the truthfulness of the averments in the supporting affidavit.

Legislation cited (6)

Cases cited (4)

  • Muhangi Martin v Uganda Land Commission (Miscellaneous Cause No. 480 of 2015)
  • John Jet Tumwebaze v Makerere University & 2 Others (Civil Application No. 78 of 2005)
  • Hon Justice Geoffrey Kiryabwire & Others v Attorney General (Miscellaneous Application No. 783 of 2016)
  • David Kato Luguza & Another v Evelyn Nakafeero & Another (Civil Appeal No. 37 of 2011)

Full judgment

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

Nagenda v The Secretary Uganda Land Commission Another (MISCELLANEOUS APPLICATION NO 4 OF 2020) 2020 UGHCCD 215 (2 October 2020)
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.