Wakilii

Ravig Patel and Others v Attorney General and Others (Miscellaneous Application 375 of 1997)

High Court · [1998] UGHC 24 · 1998 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to amend plaint in pending civil suit to add alternative prayer for compensation
Decision
Application to amend plaint allowed with directions for amendment and further pleadings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application to amend plaint granted. Held that the suit was not time-barred because the Minister's letter of 10 September 1993 was not a final decision appealable under s.14 of the Expropriated Properties Act 1982, as the Minister subsequently promised to revert after receiving further briefing but never did so. Where a Minister indicates a decision is not final and fails to give a final decision, there is no definitive decision to appeal against. Plaintiffs allowed seven days to amend plaint to add alternative prayer for compensation.

Outcome

Application to amend plaint allowed with directions for amendment and further pleadings

Facts

The plaintiffs were registered proprietors of Plot No. 4 Fort Road, Kampala (LHRV 118, Folio 7). In 1972 they were expelled under the Idi Amin Government's economic war policies. The property was vested in Government and managed by the Departed Asians Property Custodian Board (DAPCB), which sold it to Sebastian Bamutura on 18 September 1980. Bamutura sold it to Christopher Mubiru on 20 September 1980. Mubiru mortgaged the property to Grindlays Bank in April 1982 and later defaulted. The Bank sold the property to Rio Holdings International Limited on or about 4 July 1985, after the Expropriated Properties Act 1982 was enacted. The Minister issued a Certificate of Purchase to Rio Holdings on 15 November 1992 under s.8 of the Act. When plaintiffs applied for a Repossession Certificate under the Act, they were informed in a letter dated 10 September 1993 from the Secretary of the Verification Committee that the property had been sold and was not available for repossession. The plaintiffs' advocates wrote to the Minister on 8 August 1994. The Minister replied on 24 August 1994 stating he would revert after being briefed by DAPCB Executive Secretary, but never did. The plaintiffs filed suit on 25 January 1995. The main suit sought a repossession certificate. Plaintiffs now apply to amend the plaint to add an alternative prayer for compensation.

Issues

  1. Whether the main suit is time-barred as an appeal under s.14(1) of the Expropriated Properties Act 1982.
  2. Whether the plaintiffs should be allowed to amend their plaint to add an alternative prayer for compensation.

Orders

  • Application granted.
  • Plaintiffs given 7 days to amend the plaint.
  • Defendants given 7 days to amend their defence from the date the plaintiffs' period expires.
  • Suit hearing fixed for 2.50 p.m. on 19 May 1998.

Rules and key headnotes

Administrative Law — Ministerial Decisions — Finality of Decision — Right of Appeal
Where a Minister makes a decision and subsequently indicates that the decision is not final by promising to revert after receiving further briefing, but fails to give a final decision, there is no definitive and final decision capable of being appealed under s.14 of the Expropriated Properties Act 1982.
Civil Procedure — Limitation — Time Bar — Appeal Against Ministerial Decision
A suit is not time-barred as an appeal under s.14(1) of the Expropriated Properties Act 1982 where the communication relied upon as the Minister's decision was not final and the Minister subsequently promised to revert but failed to do so.
Civil Procedure — Amendment of Pleadings — Alternative Prayers — Grounds for Amendment
A court may permit amendment of a plaint to add an alternative prayer for compensation where the original prayer for specific performance (repossession of property) has become impracticable due to the property passing through multiple third party hands.
Land & Property — Expropriated Properties — Repossession — Compensation as Alternative Remedy
Where expropriated property has passed into third party hands making repossession extricably difficult, compensation may be sought as an alternative remedy to repossession under the Expropriated Properties Act 1982.

Legislation cited (10)

Full judgment

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Ravig Patel and Others v Attorney General and Others (Miscellaneous Application 375 of 1997) [1998] UGHC 24 (28 April 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.