Wakilii

Ramathan v Tajdin and Another (Civil Appeal No. 25 of 1996)

Court of Appeal · [1998] UGCA 69 · 1998 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from High Court refusal of leave to apply for judicial review orders of certiorari, prohibition and injunction
Decision
Appeal dismissed; refusal of leave to apply for prerogative orders upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal dismissed the appeal. It held that the application for leave to apply for certiorari was time barred, having been brought more than six months after the Minister's repossession order of 16 October 1995, contrary to section 34(6) of the Judicature Act; the six-month period runs from the date of the order, not from its communication. The court further held that prerogative writs of certiorari and prohibition were misconceived because the appellant had an alternative statutory remedy of appeal to the High Court under section 14 of the Expropriated Properties Act, which he ought to have exhausted. A Constitutional Court reference under Article 137(5) was discretionary where no party requested it, and none was made.

Outcome

Appeal dismissed; refusal of leave to apply for prerogative orders upheld

Facts

The appellant, Mustapha Ramathan, purchased the suit property for value from the Departed Asians Property Custodian Board, which had become the registered proprietor following the expulsion of the former Asian owner, Tajdin Alidina Valimohamed. After the Expropriated Properties Act 1982, the former owner successfully claimed the property. The Minister of Finance issued a repossession order on 16 October 1995, and the former owner was re-registered as proprietor on 3 November 1995. During his ownership the appellant had spent money maintaining and improving the property but received no compensation for his proprietary interest. On 25 April 1996 he applied in the High Court for leave to seek certiorari to quash the repossession order, prohibition against the Chief Registrar of Titles and the former owner, and a temporary injunction. The trial judge refused leave on grounds that the certiorari application was time barred, prerogative writs could not issue where a statutory appeal remedy existed, and prohibition would not lie for a completed act.

Issues

  1. Whether the application for leave to apply for certiorari was time barred under section 34(6) of the Judicature Act as not brought within six months of the Minister's repossession order.
  2. Whether prerogative writs of certiorari and prohibition may issue where an alternative statutory remedy of appeal is available under section 14 of the Expropriated Properties Act.
  3. Whether the trial judge was obliged to refer the matter to the Constitutional Court under Article 137(5) of the Constitution.

Orders

  • Appeal dismissed.
  • No order as to costs, as no respondent appeared.

Rules and key headnotes

Judicial Review — Certiorari — Time Limit Under Judicature Act s.34(6) — Six Months from Date of Order
An application for leave to apply for an order of certiorari must be made not later than six months after the date of the proceedings sought to be quashed, and the limitation period runs from the date of the order itself, not from the date the decision was communicated to the applicant.
Statutes of Limitation — Strict and Inflexible Nature
Statutes of limitation are strict and inflexible in nature and are not concerned with the merits; once the limitation period expires, a defendant is entitled to insist on the benefit of the statute.
Judicial Review — Prerogative Writs — Availability of Alternative Statutory Remedy
Prerogative writs of certiorari and prohibition will not lie where an alternative statutory remedy by way of appeal is available; an aggrieved person must first exhaust the statutory right of appeal before resorting to prerogative writs.
Prohibition — Completed Acts
An order of prohibition will not lie where the act complained of has already been completed.
Constitutional Reference — Article 137(5) — Court's Discretion
A court has discretion to refer a matter to the Constitutional Court under Article 137(5)(a) where it is of the opinion that a substantial question of law is involved, but it has no such discretion where a request for reference is made by a party; where no party requests a reference, none need be made.

Legislation cited (12)

Cases cited (1)

  • Insat v Moran

Full judgment

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Ramathan v Tajdin and Another (Civil Appeal No. 25 of 1996) [1998] UGCA 69 (2 July 1998)
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.