Wakilii

Nkuringo Conservation and Development Foundation v Registrar General (URSB) and Another (Misc Cause No. 123 of 2022)

High Court · [2023] UGHCCD 64 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review of administrative decisions made by the Registrar General
Decision
Application dismissed as time-barred and overtaken by events following Registrar's referral of matter to court under section 293 of the Companies Act

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court held that the judicial review application was filed outside the mandatory three-month limitation period under Rule 5(1) of the Judicature (Judicial Review) Rules 2009 without seeking leave to file out of time. The Registrar had referred the parties to court under section 293 of the Companies Act 2012 before the judicial review application was filed. Application dismissed as time-barred and overtaken by events.

Outcome

Application dismissed as time-barred and overtaken by events following Registrar's referral of matter to court under section 293 of the Companies Act

Facts

The Applicant company sought judicial review of decisions by the Registrar General of URSB. On 4 November 2021, the Registrar wrote to the Applicant following a petition from 996 members alleging the Chairman and Board had overstayed in office. The Registrar directed changes in leadership and convening a General Assembly. Despite implementing the directives and filing a report on 21 December 2021, the Respondents issued further correspondence on 8 February 2022 alleging non-compliance. On 18 March 2022, the Registrar halted all transactions on the Applicant's file, expunged documents from the register, and referred the matter to court under section 293 of the Companies Act. The Applicant alleged it was denied a fair hearing throughout and filed this judicial review application on 15 June 2022.

Issues

  1. Whether the impugned decisions issued against the Applicant are amenable to judicial review?
  2. Whether the process leading to the impugned decisions and the decision itself of expunging the Applicant's documents from the register and halting their operations are illegal, irrational and procedurally improper?
  3. Whether the Applicant is entitled to the reliefs prayed for?

Orders

  • Application dismissed.
  • Applicant to pay costs of the application to the Respondents.

Rules and key headnotes

Civil Procedure — Judicial Review — Time Limitations — Requirement to file within three months
An application for judicial review must be filed within three months from the date when the grounds of the application first arose, unless the court grants leave to extend the period, as required by Rule 5(1) of the Judicature (Judicial Review) Rules 2009.
Company Law — Registrar's Powers — Referral to Court under section 293
Where the Registrar of Companies exercises the power under section 293 of the Companies Act 2012 to refer an application to court, the aggrieved party should file their grievances before court in the referred proceedings rather than seeking prerogative orders by way of judicial review.
Administrative Law — Judicial Review — Nature and Purpose
Judicial review is concerned not with the decision itself but with the decision-making process; it involves assessment of the manner in which a decision is made and is exercised in a supervisory manner to ensure that public powers are exercised in accordance with basic standards of legality, fairness and rationality.
Company Law — Registrar's Immunity — Quasi-Judicial Functions
While a Registrar exercising quasi-judicial functions under the Companies Act may be subject to judicial review of administrative functions, decisions made in exercise of quasi-judicial powers under section 247 of the Companies Act 2012 and the Companies (Power of Registrar) Regulations 2016 are subject to the appeal mechanism under the Companies Act rather than judicial review by adding the Registrar as a party.

Legislation cited (11)

Cases cited (10)

  • Bryan Xsabo Strategy Consultants (U) Ltd and 2 Others v Great Lakes Energy N.V (Company Cause No. 13 of 2020)
  • Money Lenders Association of Uganda and MK Financiers v Uganda Registration Services Bureau (Company Cause No. 11 of 2019)
  • Kintu Samuel v The Registrar of Companies and Others (Misc. Cause No. 58 of 2021)
  • Pullman v Allen (466 U.S. 522)
  • Attorney General v Glady's Nakibuule Kisekka (Constitutional Appeal No. 02 of 2016)
  • Kuluo Joseph Andrew & 2 Others v Attorney General & 6 Others (MC No. 106 of 2010)
  • Atuzarirwe v The Registration Services Bureau & 3 Others (MC No. 249 of 2013)
  • International Development Consultants Limited v Jimmy Muyanja and 2 Others (MC No. 133 of 2018)
  • Adinan Kawooya v Junja Municipal Council (MC No. 56 of 2011)
  • James Basiime v Kabale District Local Government (MA No. 20 of 2011)

Full judgment

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

Nkuringo Conservation and Development Foundation v Registrar General (URSB) and Another (Misc Cause No. 123 of 2022) [2023] UGHCCD 64 (15 March 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.