Wakilii

Nseko v Attorney General & Anor (MISCELLENOUS APPLICATION NO. 12 OF 2018)

High Court · [2019] UGHCCD 63 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking writ of mandamus to compel payment of judgment debt arising from Chief Magistrate's Court decree
Decision
Writ of mandamus issued directing payment of judgment debt within 14 days

Observed later treatment

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Holding

The High Court granted a writ of mandamus compelling the Permanent Secretary, Ministry of Finance to pay judgment debt to the applicant within 14 days. The court held that where the respondents have a statutory duty to pay monies lawfully demanded against Government and have failed to do so without justification for 22 months, mandamus is the appropriate remedy to enforce payment of the decretal sum, interest, and costs.

Outcome

Writ of mandamus issued directing payment of judgment debt within 14 days

Facts

The applicant was the successful party in Civil Suit No. 121 of 2014 at Iganga Chief Magistrate's Court at Busembatia, where judgment was entered in his favour against the Attorney General on 27 April 2017. He was awarded special damages of UGX 17,000,000 with interest at 12% per annum from judgment until payment in full, plus costs of UGX 2,091,600. The applicant made formal demands for payment to the Attorney General through notices dated 2 August 2017 and 25 September 2017, and to the Permanent Secretary, Ministry of Finance on 25 September 2017. Despite the respondents receiving the notices, no payment was made. The Solicitor General communicated to the Permanent Secretary, Ministry of Local Government on 15 March 2018 requesting payment, but that Ministry was not a party to the original suit. By the time of this application, 22 months had elapsed since judgment without payment. The applicant is an ailing diabetic with heart disease requiring funds for treatment.

Issues

  1. Whether a writ of mandamus should be issued to compel the Permanent Secretary, Ministry of Finance to pay a judgment debt owed by the Government of Uganda.
  2. Whether judicial review is the appropriate remedy where the respondents have failed to pay a decretal sum.

Orders

  • Application allowed.
  • Writ of mandamus issued in favour of the applicant and against the Permanent Secretary, Ministry of Finance and Economic Development/Secretary to the Treasury.
  • The 2nd respondent is directed to pay to the applicant all monies, interest and costs due to him under the judgment and decree in Iganga Chief Magistrate's Court at Busembatia, Civil Suit No. 121 of 2014 within 14 days of receipt of the order.
  • Costs of the application awarded to the applicant.

Rules and key headnotes

Judicial Review — Mandamus — Availability of Remedy — Existence of Alternative Remedies
Judicial review is available only when alternative procedures or more convenient remedies are missing, or where an alternative remedy exists but is shown to be inconvenient, less beneficial, less effective or totally ineffective.
Administrative Law — Mandamus — Enforcement of Judgment Debts — Statutory Duty to Pay
Where the Permanent Secretary, Ministry of Finance has a statutory duty to pay monies lawfully demanded against the Government of Uganda pursuant to a court decree, and no reasons are given for non-payment, a writ of mandamus is the appropriate remedy to compel performance of that statutory duty.
Civil Procedure — Execution — Judgment Debts Against Government — Proper Respondent
The Permanent Secretary, Ministry of Finance is the proper office responsible for payment of monies payable by the Government of Uganda when represented by the Attorney General, and a line Ministry that was not a party to the suit cannot be compelled to make payment of a judgment debt.

Legislation cited (4)

  • Judicature Act
  • Judicial Review Rules r.3(1)(a)
  • Judicial Review Rules r.3(2)
  • Judicial Review Rules r.5

Cases cited (2)

  • Uganda Crop Industries Ltd Vs URA (supra)
  • Micro Case Insurance Ltd v Uganda Insurance Commission (Miscellaneous Application No. 31 of 2009)

Full judgment

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

Nseko v Attorney General & Anor (MISCELLENOUS APPLICATION NO. 12 OF 2018) [2019] UGHCCD 63 (25 March 2019)
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.