Wakilii

Valimohamed v Departed Asians Property Custodian Board 2 Others (MISCELLANEOUS CAUSE NO 66 OF 2020)

High Court · [2020] UGHCCD 182 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file judicial review out of time
Decision
Applicant granted leave to file judicial review out of time within 14 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that lack of knowledge of an administrative decision is a strong factor for granting an extension of time to file judicial review. Time does not begin to run before the challenged decision is communicated to the affected party. Where a decision has not been communicated, constitutional principle requires that no action may be taken in reliance on that decision. The applicant demonstrated good reason for the delay as neither he nor his lawyers were aware of the temporary allocation until late December 2019.

Outcome

Applicant granted leave to file judicial review out of time within 14 days

Facts

The applicant's late father was the registered proprietor of land in Kololo, originally registered in 1969. The property was taken over during the 1972 Asian expulsion and repossessed in 1995. In 2015 the father granted powers of attorney to his sons including the applicant to manage his properties. On 8 January 2019 the 1st respondent temporarily allocated the suit property to the 3rd respondent. The applicant was not informed of this decision. In September 2019 the property's managing lawyers received a letter about parliamentary investigations. In December 2019 the applicant learned that police had denied access to the security company guarding the property and that the property was being offered for sale. On 20 December 2019 the applicant received documents including the letter of allocation dated 8 January 2019. The applicant sought leave to file judicial review out of time, arguing he only became aware of the allocation decision in late December 2019.

Issues

  1. Whether the court should grant leave to file an application for judicial review out of time where the applicant was unaware of the contested decision until after the three-month limitation period had expired.

Orders

  • Application allowed.
  • Applicant granted leave to file application for judicial review within 14 days from the date of this ruling.
  • No order as to costs.

Rules and key headnotes

Judicial Review — Extension of Time — Lack of Knowledge of Decision
Time for filing an application for judicial review does not start to run before the challenged decision is communicated to the applicant or the affected party.
Judicial Review — Extension of Time — Constitutional Principle
Where an adverse administrative decision has not been communicated to the affected party, constitutional principle requires that no action may be taken in reliance on that decision, as the claimant would not have had the opportunity to challenge the decision in the courts.
Civil Procedure — Extension of Time — Good Reason
Lack of knowledge of an administrative decision is a strong factor influencing the court's decision whether an extension of time for bringing an application for judicial review should be granted.
Judicial Review — Extension of Time — Judicial Discretion
The court's discretion to extend time for filing judicial review must be judicious and based on good reasons depending on the circumstances of each case. The court should not fix hard and fast rules for extension beyond the 90-day period but rather the measure of delay should depend upon the nature of action involved and the facts and circumstances of each case.

Legislation cited (2)

Cases cited (5)

  • Anup Singh Choudry v Attorney General (Miscellaneous Cause No. 0057 of 2012)
  • Dott Services Limited & Anor v Attorney General (Miscellaneous Cause No. 0133 of 2016)
  • Nassolo Asiat v Ssembabule District Local Government & Inspectorate of Government (Miscellaneous Cause No. 08 of 2011)
  • Odubajo v Secretary of State for the Home Department, Court of Session (Outer House) [2020] CSOH 2 2020 S.L.T. 103
  • R (Lekstaka) v Immigration Appeal Tribunal [2005] EWHC 745 (Admin)

Full judgment

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

Valimohamed v Departed Asians Property Custodian Board 2 Others (MISCELLANEOUS CAUSE NO 66 OF 2020) 2020 UGHCCD 182 (17 July 2020)
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.