Administrative Law

Mpungu & Sons Transporters Ltd v Attorney General and Anor ((Civil Appeal 17 of 2001)) [2006] UGSC 15 (14 March 2006);


Search Summary: 

This is a second appeal, the original suit in the
High Court was dismissed, and a subsequent
appeal to the Court of Appeal was also
dismissed. Hence this appeal. The background
is that the appellant plied the suit route which
was subsequently licensed to other transport
companies. The appellant sued the licensing
board on the grounds that the award of the
licence to the other two operators was
fraudulent and since it was not given a hearing
before granting the licenses, the licenses were
illegal. The suit failed at trial and the appeal
also was dismissed for lack of merit hence this
appeal on the ground that that the learned
Justices of appeal erred in mixed fact and law
in holding that the appellant did not prove the
alleged fraud to the required standard.

Headnote and Holding: 

The court held that it was not persuaded that
there was any cause for this court to interfere
with the lower courts' appraisal of the evidence
and findings in regard to the allegations of
fraud. That to prove that the right to be heard
had been breached; one had to prove that they
had the right to be heard. That the appellant
had a right to be heard which was violated.


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