Court name
High Court of Uganda
Case number
Civil Suit 719 of 1997
Judgment date
13 August 2007
Title
Goodman Agencies Ltd & Ors v The Attorney General (Civil Suit 719 of 1997) [2007] UGHC 25 (13 August 2007);
Cite this case
[2007] UGHC 25
IN THE HIGH COURT OF UGANDA AT KAMPALA
CIVIL SUIT NO. 719 OF 1997
1.
GOODMAN AGENCIES LTD
2.
HASA AGENCIES LTD
3.
EMMANUEL HATANGIMBABAZI :::::::::::: PLAINTIFFS
4.
LEONIDAS FELESI
5.
JANVIER BUSOGI
THE ATTORNEY GENERAL :::::::::::::::::::::::::::::::::::::: DEFENDANT
BEFORE: HON. JUSTICE J.P.M. TABARO
PROCEEDINGS/RULING
13-8-2007
2nd Plaintiff/applicant present through Charles Rwomushana present
1st Plaintiff/applicant not present
3rd, 4th and 5th Plaintiffs not present
Mr. D. Nkurunziza for Hassa Agencies Ltd.
Mr. P. Nyahangane for Goodman Agencies Ltd.
Mr. D. Bagorogoza for 3rd, 4th and 5th plaintiffs
Mr. G. Kalemera, State Attorney for the defendant/respondent.
Dr. C. Kahumya for F. Tumusabe
M. Kalengaya, t. Ranzaho, J. Muzewa.
S. Mukashimana, F. Munyashuli, F. Kagabo.
Mr. Nkurunziza:
ready to proceed.
Dr. Kahumya: We would associate ourselves with our learned friend’s
submissions.
Mr. Bagorogoza: So do we.
Mr. Nyahangane:
So do we.
Mr. Nkurunziza: Application for judicial review on which an order of
mandamus for directing the Government of Uganda
through the Commissioner, Treasury officer of Accounts
or his successor on title, to comply with judgment and
decree of this Court, issued on
14-11-2005 for depositing
the decree sum into court. Proceeding under 0.46 A r.4
CPR, by Notice. The affidavit of Charles Rwomushana
sworn on 21-2-2006. Grounds are
contained therein.
Generally they are:-
(a)
mandamus for directing the Government of Uganda
through the Commissioner, Treasury officer of Accounts
or his successor on title, to comply with judgment and
decree of this Court, issued on
14-11-2005 for depositing
the decree sum into court. Proceeding under 0.46 A r.4
CPR, by Notice. The affidavit of Charles Rwomushana
sworn on 21-2-2006. Grounds are
contained therein.
Generally they are:-
(a)
2nd plaintiff with other parties successfully sued A.G. On 14-11-2005 this court issued the decree in favour of the plaintiffs against
A.G. for an order of compensation for about 14 billion shillings. Copy of the decree attached to the application. On 15-12-2005 we
wrote to A.G. with copy of the decree and demanded payment – Annexure A.G. has never responded. The decree has not been complied
with. Certificate was extracted and served. No compliance to date. Ordinary execution is not available. Pray for leave. Later in
the morning.
A.G. for an order of compensation for about 14 billion shillings. Copy of the decree attached to the application. On 15-12-2005 we
wrote to A.G. with copy of the decree and demanded payment – Annexure A.G. has never responded. The decree has not been complied
with. Certificate was extracted and served. No compliance to date. Ordinary execution is not available. Pray for leave. Later in
the morning.
By judgment dated 14-11-2005 it was decreed that Government do pay the sums of 1.332, 172, 842/= representing the value of trucks
in question, shs.12,865,370,000/= representing loss of income/earnings, and shs.300,000,000/= being costs of the suit. Subsequently
in a ruling of this Court, it was ordered that the decretal amount be paid into court. To date the defendant/A.G. has not met the
decretal amount or at all.
Ordinarily the judgment creditors would be entitled to proceed with execution, by as is well known execution against government is
not permitted by law. Since there is no other mode or channel for recovery of the decretal amounts I ma satisfied that Mr. Nkurunziza’s
application is well founded. All counsel present are in full agreement with the submissions made by Counsel for Hassa Agencies Ltd.
The application is granted, under 0.46A r.4 CPR. Costs shall be in the cause. A date for application for mandamus shall be fixed.
J.P.M. Tabaro
Judge
13-8-2007
Ruling read in the presence of parties and their counsel as before.
J.P.M. Tabaro
Judge
13.8.2007
in question, shs.12,865,370,000/= representing loss of income/earnings, and shs.300,000,000/= being costs of the suit. Subsequently
in a ruling of this Court, it was ordered that the decretal amount be paid into court. To date the defendant/A.G. has not met the
decretal amount or at all.
Ordinarily the judgment creditors would be entitled to proceed with execution, by as is well known execution against government is
not permitted by law. Since there is no other mode or channel for recovery of the decretal amounts I ma satisfied that Mr. Nkurunziza’s
application is well founded. All counsel present are in full agreement with the submissions made by Counsel for Hassa Agencies Ltd.
The application is granted, under 0.46A r.4 CPR. Costs shall be in the cause. A date for application for mandamus shall be fixed.
J.P.M. Tabaro
Judge
13-8-2007
Ruling read in the presence of parties and their counsel as before.
J.P.M. Tabaro
Judge
13.8.2007