Wakilii

Ssali & Anor v Commissioner Land Registration (Ma No. 859 of 2012)

High Court · [2013] UGHCLD 73 · 2013 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for mandamus to compel compliance with earlier court order requiring respondent to note re-entry and cancel lease
Decision
Mandamus granted compelling respondent to implement earlier court order noting applicants' re-entry and cancelling lease

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted mandamus compelling the Commissioner for Land Registration to implement an earlier court order requiring him to note the applicants' re-entry and cancel a lease. The court held that government officers under a legal obligation to perform public duties may be compelled by mandamus, and that disobeying a court order infringes property rights and constitutes contempt.

Outcome

Mandamus granted compelling respondent to implement earlier court order noting applicants' re-entry and cancelling lease

Facts

The applicants were legal administrators of the estate of the late Lakeri Nalubale, the registered owner of mailo land in Kyaggwe Block 295 Plot 2 at Njeru. The deceased had leased the land to Njeru Town Council for 99 years from 1948. Due to the Town Council's deliberate failure to pay ground rent, the applicants terminated the lease and re-entered the land on 11 March 2011. They requested the Commissioner for Land Registration to note the re-entry and cancel the lease on the register, but the Commissioner refused. The applicants obtained a court order in Miscellaneous Cause No. 6 of 2011 directing the Commissioner to effectuate the re-entry and cancel the lease. The Commissioner failed to comply with that order for two years, prompting the applicants to file the present application for mandamus. The respondent did not file a reply or appear at the hearing.

Issues

  1. Whether the applicants are entitled to an order of mandamus compelling the respondent to note the re-entry and cancel the lease as previously ordered by the court.
  2. Whether the respondent's failure to implement a court order justifies the grant of mandamus.

Orders

  • The prerogative order of mandamus is granted against the respondent to note the re-entry on the register and cancel the lease in respect of land comprised in Kyaggwe Block 295 Plot 2 Njeru.
  • No order as to costs.

Rules and key headnotes

Administrative Law — Mandamus — Conditions for Grant — Public Duty and Refusal to Act
Where a government officer is under a legal obligation to perform a public duty and has refused to do so, an order of mandamus will lie to compel performance of that duty.
Administrative Law — Mandamus — Enforcement of Court Orders — Government Officers
An order of mandamus may be granted to compel a government officer to comply with an existing court order where the officer has refused to implement it, particularly where such refusal infringes constitutional property rights and constitutes contempt of court.
Civil Procedure — Contempt of Court — Disobedience of Court Orders — Duty to Seek Discharge
A party who knows of a court order, whether valid or irregular, cannot be permitted to disobey it. If the party has a challenge with the court order, they must apply to have it set aside rather than disobey it.
Judicial Review — Grounds — Procedural Impropriety and Illegality
Judicial review can only be granted on three grounds: illegality, irrationality, and procedural impropriety. Before mandamus can be granted, the applicant must show a clear legal right to have the thing sought done, and a demand for performance must have been unequivocally refused.
Civil Procedure — Ex Parte Proceedings — Burden of Proof
Where a defendant fails to file a defence after being duly served, the plaintiff may proceed ex parte, but the burden to prove the case to the requisite standard remains on the plaintiff.

Legislation cited (8)

Cases cited (11)

  • Allan Nyirikindi v Commissioner Land Registration (Miscellaneous Cause No. 45 of 2011)
  • Issa Ssekitto v Attorney General (Miscellaneous Cause No. 014 of 2012)
  • Kubibaire v Kakwenzire [1977] HCB 37
  • Yoswa Kityo v Eriya Kaddu [1982] HCB 58
  • Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
  • Patrick Kasumba v Attorney General & Treasurer Officer of Accounts (Miscellaneous Application No. 121 of 2010)
  • Goodman Agencies & 3 Others HCT - 00 - CC - ME 0108 - 2012 Arising From HCT - 00 - CV - CS - 0917 - 1997
  • Benon Turyamureeba & 132 Others v Attorney General & Treasury Officer of Accounts (Miscellaneous Application No. 440 of 2005)
  • Oil Seeds Uganda Ltd v Secretary to the Treasury of Accounts (Miscellaneous Application No. 126 of 2008)
  • Shah v Attorney General (No. 3) [1970] EA 453
  • Proctor & Gamble Company v Kyobe James Mutisho & 2 Others (Miscellaneous Application No. 135 of 2012)

Full judgment

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Ssali & Anor v Commissioner Land Registration (Ma No. 859 of 2012) [2013] UGHCLD 73 (11 July 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.