Wakilii

Peter Bibangamba v Uganda (HCT-05-CV-MA-0083-2007)

High Court · [2007] UGHC 50 · 2007 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for leave to apply for judicial review
Decision
Leave granted to apply for judicial review with stay of alienation pending determination

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the applicant leave to apply for judicial review to seek writs of prohibition against the Commissioner Land Registration and the Government. The Court found it a proper case for leave where the applicant's proprietary rights as registered proprietor were being challenged by Government agents without apparent legal cause and his titles were likely to be cancelled. The grant of leave was ordered to act as a stay of activities tending towards alienating the land.

Outcome

Leave granted to apply for judicial review with stay of alienation pending determination

Facts

The applicant is the registered proprietor of three parcels of land in Isingiro: FRV 414 Folio 15 (Block 28 Plot 27), FRV 436 Folio 4 (Block 28 Plot 31), and FRV 436 Folio 5 (Block 28 Plot 19). The applicant's proprietary rights were being challenged and violated by agents of the Government without apparent legal cause. There was a likelihood that his titles to the properties would be cancelled. The applicant sought leave to apply for judicial review to obtain writs of prohibition preventing the cancellation of his titles without a fair hearing and preventing compulsory acquisition of his land without a law in place and without provision for prompt payment of fair and adequate compensation.

Issues

  1. Whether leave should be granted to the applicant to apply for judicial review to prohibit the cancellation of his land titles without a fair hearing.
  2. Whether leave should be granted to prohibit the Government from compulsorily acquiring the applicant's land without a law in place and without prompt payment of fair and adequate compensation.
  3. Whether there should be a stay of activities tending towards alienating the applicant's land pending determination of the judicial review application.

Orders

  • Leave granted to file an application for judicial review.
  • Leave to seek a writ of prohibition prohibiting the Commissioner Land Registration/Registrar of Titles from canceling the applicant's certificates of title comprised in FRV 414 Folio 15 (Isingiro Block 28 Plot 27), FRV 436 Folio 4 (Isingiro Block 28 Plot 31), and FRV 436 Folio 5 (Isingiro Block 28 Plot 19) before the applicant is given a fair hearing.
  • Leave to seek a writ of prohibition prohibiting the Government from compulsorily taking possession of or acquiring the applicant's land before putting in place a law for such purpose and making provision for prompt payment of fair and adequate compensation.
  • Leave to seek a writ of prohibition prohibiting the Government from interfering with the applicant's land.
  • The grant of leave to act as a stay of any activities tending towards alienating the applicant's land including cancellation of titles.
  • Costs to abide the outcome of the main application.

Rules and key headnotes

Leave to Apply — Grant of Leave — Proper Case
Where an applicant's proprietary rights as registered proprietor are being challenged and violated by Government agents without apparent legal cause and his titles are likely to be cancelled, this constitutes a proper case where leave to apply for judicial review should not be withheld.
Natural Justice — Fair Hearing — Cancellation of Land Titles
A registered proprietor is entitled to a fair hearing before his certificates of title are cancelled by the Commissioner Land Registration or Registrar of Titles.
Property Rights — Compulsory Acquisition — Prerequisites
The Government may not compulsorily take possession of or acquire land before putting in place a law for such purpose and making provision for prompt payment of fair and adequate compensation.
Interim Relief — Stay of Proceedings — Grant of Leave
Where leave is granted to apply for judicial review in a matter concerning land alienation, the court may order that the grant of leave acts as a stay of activities tending towards alienating the land pending determination of the judicial review application.

Legislation cited (4)

  • Judicature Act
  • Judicature (Amendment) Act 3 of 2002 s.3
  • Civil Procedure (Amendment) (Judicial Review) Rules S.L. 75 of 2003 Rule 4
  • Civil Procedure (Amendment) (Judicial Review) Rules S.L. 75 of 2003 Rules 6, 7 and 8

Full judgment

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

Peter Bibangamba v Uganda (HCT-05-CV-MA-0083-2007) [2007] UGHC 50 (13 July 2007)
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.