Wakilii

Re In The Matter Of Mwebaze Fred,Bushenyi Land Tribunal (HCT-05-CV-MA-0 143-2003 ) (HCT-05-CV-MA-0 143-2003)

High Court · [2005] UGHC 96 · 2005 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for prerogative writ of certiorari to quash decision of Bushenyi District Land Tribunal
Decision
Application for certiorari dismissed for want of a mandatory order to quash

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application for certiorari to quash a decision of the Bushenyi Land Tribunal. The Court held that the Tribunal's letters advising and requesting the applicant to leave his land did not constitute a mandatory order capable of being quashed. The writ of certiorari is discretionary and will only issue in fitting circumstances where there is an actual order to quash.

Outcome

Application for certiorari dismissed for want of a mandatory order to quash

Facts

The second applicant sold land to the first applicant, Mwebaze Fred. On 5 February 2003, the Bushenyi District Land Tribunal wrote to Mwebaze Fred questioning how he had purchased the land and advising him to leave it immediately, with an invitation to visit the Tribunal office for clarification. Mwebaze's lawyer sought clarification, and the Tribunal responded on 17 February 2003 stating that the earlier letter was issued due to the mood of one Asiimwe Joy and reiterating the request for Mwebaze to visit the office for more information. There was no evidence that Mwebaze left the land. The applicants sought a writ of certiorari to quash what they characterized as a decision directing Mwebaze to leave his land.

Issues

  1. Whether the correspondence from the Bushenyi Land Tribunal constituted an order capable of being quashed by certiorari.
  2. Whether there were grounds to issue a prerogative writ of certiorari in the circumstances.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Certiorari — Availability — Requirement of Mandatory Order
A writ of certiorari will only issue to quash an actual order or decision of an inferior court, tribunal, or public authority; advisory or precatory correspondence requesting action but not mandating compliance does not constitute a decision capable of being quashed.
Prerogative Writs — Certiorari — Discretionary Nature
The writ of certiorari is discretionary and issues only in fitting circumstances where there has been an excess of jurisdiction, an ultra vires decision, a breach of natural justice, or an error of law on the face of the record.

Legislation cited (3)

  • Judicature Statute No. 13 of 1996 s.38
  • Judicature Act Cap. 13 s.36
  • Law Reform (Miscellaneous Provisions) (Rules of Court) Rules S.I. 74-1 Rule 5

Cases cited (3)

  • In Re Application by Bukoba Gymkhana Club [1963] EA 478
  • Re An Application by Gideon Waweru Gathunguri [1962] EA 520
  • Masaka District Growers Co-operative Union v Mumpiwakoma Growers Co-operative Society Ltd and 4 Others [1968] EA 258

Full judgment

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

Re_In The Matter Of Mwebaze Fred,Bushenyi Land Tribunal (HCT-05-CV-MA-0 143-2003 ) (HCT-05-CV-MA-0 143-2003) [2005] UGHC 96 (31 May 2005)
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.