Administrative Law

Ziraguma & Anor v The Most Rev. L.M Nkoyoyo ((HCT-00-CV-MA-0282-2003)) [2003] UGHC 28 (3 November 2003);


Search Summary: 

The plaintiffs in this case instituted the suit against the defendant for alleged breach of duty and failure to perform functions imposed on him.


 It was argued that the defendant unlawfully took over as care taker Bishop of the diocese pending the consecration and enthronement of the Bishop-Elect, and that he failed to consecrate the Bishop-Elect thereby failing to perform his Provincial Constitutional duties.


The defendant argued that he was willing to hand over and consecrate the Bishop-Elect but was prevented by insecurity arising from conflicts in the Diocese.


Headnote and Holding: 

The court considered issues of whether the defendant took over lawfully, whether the defendant refused to consecrate and enthrone the Bishop-Elect and whether the plaintiffs were entitled to the remedies sought.


As regards the first issue, it was found that the practice was that the outgoing Bishop remained until a new one is consecrated and enthroned. Thus the takeover by the defendant was found to be unlawful and irregular.


Concerning the second issue, court found that the defendant had not exercised his discretion lawfully to have the Bishop-Elect consecrated and enthroned.


As regards issue three, the court ordered that the defendant consecrates and enthrones the Bishop-Elect as he was duly elected.


However, the court made no order of injunction against the defendant in view of his general powers of leadership of the Province of the church of Uganda.


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