Wakilii

Sitenda Sebalu & Anor v The Registrar of Co-operative Societies & 6 Ors (HCT-00-CC-MA 649 of 2012)

High Court · [2013] UGCOMMC 16 · 2013 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking declaratory judgment and orders of certiorari, prohibition, permanent injunction, general and punitive damages
Decision
Application dismissed with costs. New executive committee of the society confirmed in office.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application for judicial review. Held that the Registrar of Co-operative Societies acted lawfully under section 22(7) of the Co-operative Societies Act and regulation 21(4) of the Regulations in convening a special general meeting after the interim committee failed to cause the society's accounts to be audited since inception. The registrar's actions were intra vires; the meeting was properly convened; quorum was met by the members present; and there was no breach of natural justice as the applicants attended the meeting. The new executive was lawfully elected. Writs of certiorari and prohibition were denied.

Outcome

Application dismissed with costs. New executive committee of the society confirmed in office.

Facts

The applicants were members of the interim executive committee of NALECCO SACCO registered in May 2007. For over four years, the interim committee failed to convene any annual general meetings or cause the society's accounts to be audited as required by law. In June 2011, twenty members petitioned the Registrar of Co-operative Societies requesting intervention. The Registrar, finding no annual reports filed since inception, published notice of a special general meeting in the New Vision on 15 August 2011. The meeting was held on 5 September 2011 at Hotel Africana with 43 members present. A new executive committee was elected. The applicants attended but later challenged the meeting as ultra vires, alleging non-members participated, proper procedure was not followed, and the society bye-laws requiring fourteen days' notice were breached.

Issues

  1. Whether the matter is properly before the court.
  2. Whether the registrar acted legally in convening the special general meeting.
  3. Whether the meeting was convened in a legal manner and whether the members who attended and those elected to the new committee were registered members of the society.
  4. Whether the new committee was legally put in office.
  5. Whether the applicants are entitled to the various reliefs sought.

Orders

  • Application dismissed.
  • All declaratory orders sought denied.
  • Writ of certiorari denied.
  • Writ of prohibition denied.
  • Permanent injunction denied.
  • General and punitive damages denied.
  • Costs awarded to the respondents.

Rules and key headnotes

Judicial Review — Ultra Vires — Registrar of Co-operative Societies — Statutory Power
The Registrar of Co-operative Societies acts intra vires when convening a special general meeting under section 22(7) of the Co-operative Societies Act after an interim committee fails to cause the society's accounts to be audited, as the committee is deemed to have relinquished office and the registrar is empowered to elect a new committee.
Judicial Review — Procedure — Bye-laws versus Principal Legislation
Provisions of a society's bye-laws cannot override provisions of principal legislation and regulations made thereunder. Where the Registrar convenes a special general meeting under statutory powers, compliance with bye-law procedures relating to annual general meetings convened by the committee is not required.
Judicial Review — Quorum — Special General Meeting
Under regulation 22(2) of the Co-operative Societies Regulations, when a meeting is convened by the Registrar under regulation 21(4), the members present at that meeting constitute a quorum, and no minimum number is prescribed by the regulations.
Remedies — Certiorari — Grounds for Issue
A writ of certiorari issues to quash a determination only where there is excess or lack of jurisdiction, error of law on the face of the record, breach of natural justice, or abuse of statutory authority. Where a statutory body acts within its lawful powers and follows proper procedure, no ground for certiorari exists.
Remedies — Prohibition — Existing Decisions
A writ of prohibition looks to the future and prevents the making of a decision. It cannot issue in respect of an existing fact or to quash a decision already made and acted upon.
Defective Affidavits — Severance — Substantive Justice
Where an affidavit in support of an application contains an offending paragraph unrelated to the reliefs sought, the offending paragraph may be severed and the remaining paragraphs admitted if they adequately support the application, in the interest of substantive justice.
Judicial Review — Clean Hands — Failure to Perform Statutory Duty
An applicant seeking judicial review must come to court with clean hands. Where an applicant seeks to impugn the registrar's actions arising from the applicant's own failure to perform statutory duties as an interim committee member, the application is misconceived and will be dismissed.

Legislation cited (11)

Cases cited (14)

  • Chief Constable of North Wales Police v Evans [1982] 3 All ER 141
  • Marko Matovu & 2 others v Mohamed Ssekasi & The Land Commission (CACA No. 7 of 1978)
  • Breen v Amalgamated Engineering Union [1971] All ER 1148
  • General Medical Council v Spackman [1943] 2 All ER 337
  • Council of Civil Service Unions and Others v Minister for the Civil Service [1985] AC 374
  • Ibanda District Service Commission v Public Service Commission (HCT-05-CU-MA-055-2009)
  • Wakiro v Committee of Bugisu Co-operative Union [1968] EA 523
  • Speaker of National Assembly v Karume [1993-2009] 1 EAGR 572
  • Kenya National Examination Council v Gatheri Njoroge and Others (Kenya Court of Appeal Civil Appeal No. 226 of 1996)
  • Kafuku and Others v Nsanjo Multipurpose Agricultural Marketing Primary Co-operative Society Ltd [2002] 2 EA 88
  • Three Ways Shipping (Group) Ltd v Ken Group of Companies Ltd (Misc. Application No. 406 of 2011 arising out of HCCS No. 440 of 2010)
  • Standard Chartered Bank v Club Cloud 1000 [1998-1990] HCB 84
  • Col. (Rtd) Besigye Kizza v Museveni Yoweri Kaguta & Electoral Commission (Election Petition No. 1 of 2001) [2001] UGSC 3
  • Re: Bukeni Gyabi Fred [1999] KALR 918

Full judgment

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Sitenda Sebalu & Anor v The Registrar of Co-operative Societies & 6 Ors (HCT-00-CC-MA 649 of 2012) [2013] UGCommC 16 (31 January 2013)
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.