Court name
High Court of Uganda
Judgment date
8 April 2008

Benon Turyamureeba & 132 Ors v The Attorney General & Anor (Miscellaneous Application-2005/440) [2008] UGHC 46 (08 April 2008);

Cite this case
[2008] UGHC 46

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

MISCELLANEOUS APPLICATION NO. 440 OF 2005

(ARISING OUT OF MISCELLANEOUS APPLIC
ATION NO.98 OF 2005)

(ARISING OUT OF MISCELLANEOUS APPLIC
ATION NO. 815 OF 2004)



IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW


AND

IN THE MATTER OF AN ORDER FOR MANDAMUS



BENON TURYAMUREEBA And

132 OTHERS :::::::::::::::::::::::::::::::::::: APPLICANTS/DECREE HOLDERS


VERSUS



1.      
THE ATTORNEY GENERAL

2.      
THE TREASURY OFFICER OF ACCOUNTS/
SECRETARY TO THE TREASURY ::::::::::::::::: RESPONDENTS/

        
        
        
        
        
        
        
JUDGMENT DEBTORS


BEFORE HON. JUSTICE REMMY K. KASULE



RULING


The applicants, Judgment Creditors in H.C.C.S. No. 207 of 1993, seek an Order of Mandamus of this Court to command the Treasury Officer
of Accounts/Secretary to the Treasury, Government of Uganda, to satisfy in full the decree of this Court issued in H.C.C.S No. 207
of 1993, by paying at once and in full to the applicants’ lawyers, Messrs B.K. Patel Advocates & Solicitors, P.O. Box 3099
Kampala, the balance of the decretal sum now due of Shs.635,580,000/=.



In H.C.C.S No. 207 of 1993, the applicants/Decree holders successfully sued the Attorney General of Uganda, for damages and compensation,
by reason of their being unlawfully evicted by Government Servants/and agents from their customary owned developed land in Mpokya
and Mwenge in the then Kabarole District.



Judgment in the case was delivered on 12.04.99, by Mukanza, J, (RIP) and each of the applicants/decree holders was awarded Shs.10,000,000/=
compensation; and Shs.2,000,000/= exemplary damages. They were also awarded costs of the suit and interest at Court rate.



It is the case of the applicants/decree holders that the Government has over time since the delivery of the Judgment on 12.04.94
paid and satisfied the decree by paying the principal sum of compensation and exemplary damages.

However the Government, as Judgment Debtor, has failed to pay in full the interest on principal sum which interest had accrued to
Shs.765,580,000/= as at 05.07.05 when this application was filed in Court.



Since the filing of the application, the Government/Judgment debtor had paid Shs.50,000,000/= in November, 2005, and Shs.80,000,000/=
in November, 2006, making a total of Shs.130,000,000/=. Thus Shs.635,580,000/= remains unsatisfied as of to-date.



From 26.09.05 up to 01.04.08, this application has been called up for hearing eighteen (18) times and in most of those times the
Counsel for Attorney General, who also represents the Secretary to the Treasury, has requested for an adjournment so as to arrange
for payment. Apart from the Shs.130,000,000/= which has been paid the rest of the sum due remains unpaid.



On 01.04.08, when the application was called up for hearing the Judgment Debtor, the Secretary to Treasury and their Counsel were
absent, without any reason being communicated to court; though there was an affidavit of service showing Attorney General had been
served with the hearing notice for the hearing date of 01.04.08 on 29th March 2008. Court thus acceded to the prayer of Counsel for the applicants/decree holders to proceed with the hearing of the application
in absence of the Judgment debtor/The Secretary to Treasury and their Counsel.

This court is satisfied that the sum of Shs.635,580,000/= balance of unpaid interest is due from the Judgment debtor to the Judgment
Creditor.



Court is also satisfied that from 26.09.05 when this application was lodged in Court, to date i.e. April, 2008, a period of two years
and eight months, is more than sufficient time for the respondents Judgment debtors to satisfy the decree in full by paying the sum
due of Shs.635,580,000/=.



No plausible reason has been furnished to court as to why an order of Mandamus should not issue.



Accordingly this application succeeds. An order of Mandamus is hereby issued requiring whoever is holding the office of Treasury
officer of Accounts/Secretary to the Treasury to pay on being presented with this order the sum of Shs.635,580,000/= to the applicants
decree holders, through their lawyers, in full and final satisfaction of the decree in H.C.C.S No. 207 of 1993.



The applicants are awarded the costs of this application.





Remmy K. Kasule

Judge

8th April, 2008