HC: Civil Division (Uganda)

Mental Health—review—error on the face of record—res judicata—counsel instructions—new facts—procedural impropriety—personal appearance—costs

Public Service—Judicial Review—Chief Executive Officer appointment—Board composition—legitimate expectation—procedural impropriety—illegality—bias & unreasonableness—certiorari & prohibition—costs

Civil Procedure—ex parte judgment—mistake of counsel—failure to attend court—non-communication of hearing dates—res judicata—fair hearing—Government Proceedings Rules—procedural irregularities—mandatory leave requirement for judgments against the government—substantive justice—Attorney-General's oversight in procedural compliance—costs not awarded.

Judicial Review—Judicature Act—illegality of lease re-entry—irrational allocation of public land leases—failure to observe principles of natural justice—legal effect of Letters of No Objection (LONOs)—statutory powers of Uganda Land Commission—public policy on undeveloped land—violation of procedural fairness—mandamus issued to restore lease rights—illegal allocations quashed—general damages awarded—costs shared equally

Judicial Review—Judicature Act—failure to establish the Uganda Sugar Board under the Sugar Act—legality of permissions in lieu of licences—grant of sugar mill licences in breach of government policy—legal effect of Letters of No Objection (LONOs)—overlap of powers—irrationality—violation of statutory duty—public policy and zoning guidelines—mandamus issued to constitute Uganda Sugar Board within three months—invalid licences cancelled—illegal mills restrained—costs shared equally.

Civil Procedure—Joinder of parties—Order 1, Rule 10 of the Civil Procedure Rules—Locus standi—Judicial review remedies—Procedural fairness—Effect of premature applications—Constitutional principles—Scope of judicial review—State obligations—Costs—Application dismissed

Civil Procedure—Review of court decisions—arbitral clause—jurisdiction of the High Court—arbitration and conciliation—error apparent on record—religious governance disputes—consolidation of applications—orders set aside—arbitral process recommended—no costs awarded.

Civil Procedure—Letters of administration—succession rights—bound by pleadings—illegal possession—premature determination of subject matter—miscarriage of justice—orders set aside—case remitted for retrial—costs awarded.