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The Registered Trustees of Shree Sanatan Dharma Mandal v Kampala Capital City Authority (Miscellaneous Cause 25 of 2024)

High Court · [2024] UGHCCD 185 · 2024 Judicial Review Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Judicial review application challenging KCCA Council resolution dated 18 December 2023
Decision
Resolution quashed; KCCA to account for and refund money collected during illegal takeover

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that KCCA's resolution of 18 December 2023 attempting to cancel the applicant's freehold title and halt redevelopment of Bat Valley Primary School was ultra vires, illegal, irrational and procedurally improper. Only the High Court under the Registration of Titles Act or the Commissioner for Land Registration under the Land Act can cancel a certificate of title. KCCA exceeded its statutory powers under the Kampala Capital City Act, failed to afford the applicant a fair hearing, and made an irrational decision halting an approved redevelopment. The resolution was quashed by certiorari.

Outcome

Resolution quashed; KCCA to account for and refund money collected during illegal takeover

Facts

The applicant has been the registered freehold proprietor of land at FRV 1290 Folio 4 Plot 110 William Street, Kampala since 2012, having previously held it under leasehold since 1938. The applicant founded and manages Bat Valley Primary School on the property, a government grant-aided institution governed by a management committee comprising five members appointed by the applicant and four by KCCA. The applicant proposed redeveloping the school, including constructing new structures for a secondary school and teaching hospital. The proposal was approved by the School Management Committee and KCCA's Central Division Council. On 18 December 2023, KCCA's council passed a resolution under Minute KCCA 100/25/23 directing the Kampala District Land Board to cancel the applicant's freehold title, halting the redevelopment, and directing that rent from the property be paid to KCCA rather than the applicant. KCCA took these actions without prior consultation with or a hearing for the applicant, purportedly implementing recommendations from the Auditor General and Parliament concerning the school's status as a UPE institution.

Issues

  1. Whether the resolutions dated 18th December 2023 of the Respondent's council rescinding the Applicant's estate and interest in the suit land were procedurally improper and irrational?
  2. Whether the Respondent's resolution dated 18th December 2023 halting the redevelopment of the Applicant's land was irrational, ultra vires or illegal?
  3. What remedies are the parties entitled to?

Orders

  • The Respondent's resolution dated 18th December 2023 held under Minute KCCA 100/25/23 at the Respondent's Special meeting which purported to adopt and implement a cancellation or rescission of the applicant's estate and interest in the property comprised in FRV 1290 Folio 4 Plot 110 William Street Kampala is declared ultra vires, irrational and illegal.
  • The Respondent's resolution dated 18th December 2023 held under Minute KCCA 100/25/23 at the Respondent's Special meeting which purported to halt the redevelopment of Bat Valley Primary School and in general the property comprised in FRV 1290 Folio 4 Plot 110 William Street Kampala is declared ultra vires, irrational and illegal.
  • An order of Certiorari doth issue quashing the Respondent's resolution dated 18th December 2023 held under Minute KCCA 100/25/23 at the Respondent's Special Meeting.
  • Kampala Capital City Authority should account and refund all the money collected during this period when they illegally took over management of this property to the applicants.
  • The applicant is awarded costs.

Rules and key headnotes

Judicial Review — Illegality — Ultra Vires Acts — Powers to Cancel Certificate of Title
Only the High Court under section 177 of the Registration of Titles Act or the Commissioner for Land Registration under section 91 of the Land Act have the power to cancel a certificate of title. A local authority resolution purporting to cancel or cause the cancellation of a certificate of title is ultra vires, illegal and contrary to the empowering legislation.
Judicial Review — Illegality — Exceeding Statutory Powers — Limits of Local Authority Discretion
A public body may only exercise powers conferred by statute within the limits set by law for the public benefit. Purporting to implement recommendations of other government agencies without following proper legal processes and without affording affected persons a hearing amounts to illegal exercise of power, even where the body acts on recommendations of the Auditor General or Parliament.
Judicial Review — Irrationality — Unreasonable Exercise of Power — Oppressive Decisions
A decision is irrational and may be quashed when it is so unreasonable that no sensible authority would have made it, or when it subjects the complainant to excessive hardship or unnecessarily onerous infringement of rights. A decision halting an approved redevelopment project without clear justification and causing economic detriment is irrational and constitutes an abuse of power through excessive use of authority.
Judicial Review — Procedural Impropriety — Duty to Afford Fair Hearing — Natural Justice
There is a presumption that procedural fairness is required whenever the exercise of a power adversely affects rights protected under the Constitution or legislation or general interests affecting livelihood and business. A public body exercising a public function is required, in the absence of express requirement to the contrary, to perform that function fairly, including affording the affected party an opportunity to be heard before making a decision that adversely impacts their interests.
Land Titles — Cancellation — Exclusive Jurisdiction — Limits on Administrative Action
Administrative bodies and local authorities have no power to cancel land titles. The power to cancel a certificate of title is vested exclusively in the High Court under the Registration of Titles Act and the Commissioner for Land Registration under the Land Act. A resolution purporting to cause cancellation of title is illegal and must be quashed.
Judicial Review — Alternative Remedies — Exhaustion of Administrative Remedies — Extenuating Circumstances
While a court will generally require exhaustion of available administrative remedies before entertaining judicial review, extenuating circumstances may justify the court's indulgence by way of judicial review to resolve a dispute, even where an alternative remedy exists outside the decision-making body and requires onerous procedures such as cabinet approval.

Legislation cited (13)

Cases cited (5)

  • Ojok Alphonse & 4 Others v Gulu Municipal & Pece Division Local Council (High Court Civil Case No. 32 of 2006)
  • Alex Nyika & Another v The Commissioner Land Registration (Miscellaneous Cause No. 2559 of 2022)
  • Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
  • R (on application of Khatun) v Newham LBC [2004] EWCA Civ 55
  • The Registered Trustees of Shree Sanatan Dharma Mandal v Kampala City Council (High Court Civil Suit No. 672 of 2000)

Full judgment

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

The Registered Trustees of Shree Sanatan Dharma Mandal v Kampala Capital City Authority (Miscellaneous Cause 25 of 2024) [2024] UGHCCD 185 (8 November 2024)
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.