Katungi Tony vs Attorney General (Misc. Cause No.204 of 2017) [2019] UGHCCD 1 (25 January 2019)

Flynote

Civil Procedure

Case summary

Court considered whether the application was res judicata. It was held that the application was not res Judicata for the previous application was for judicial review whereas the instant one was seeking to confirm, revise or vary the decision n of law council on new grounds. On whether the decision of Law Council to subject the applicant to a one year of supervised practice was unreasonable, unjust, illegal, irrational and made in bad faith. Court held that the respondent’s decision was un just, irrational and illegal basing on the fact that Uganda as a partner state in the East African Community is required to harmonize the national laws in respect of the legal profession and Uganda undertook to provide free legal practice by 2015. Therefore that Uganda is bound to open up space for workers through the east African intervention and allow free movement of workers. Whether the applicant has satisfied requirements for issuance of a certificate of eligibility. It was held that since that applicant had qualified and obtained the law degree from Uganda Christian University and later a Post Graduate Diploma in law from Kenya School of law, his name was duly entered on the Roll of Advocate of the High court of Kenya, worked as an advocate for one year in a law firm in Kenya and was issued with a certificate of service, he was thus duly qualified to be entered on the Roll of advocates of Uganda. Therefore there was no basis to deny the applicant his right to practice his profession. Accordingly court was held that the applicant satisfied all the requirements for issuance of certificate of eligibility.   Ultimately the applicant’s application was upheld and court revised the decision of Law council and ordered that the applicant be issued the certificate of eligibility. Law council was ordered to make regulations and report back to court.

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