Administrative Review

In the matter of an application for judicial review by Walugembe (Misc.CIVIL CAUSE no.231 OF 2018) [2018] UGHCLD 62 (30 November 2018);

Flynote: 

Search Summary: 

This was an application for judicial review seeking for an order of certiorari quashing the recommendation of the commission of inquiry, which had directed that compensation be paid to the landlords, contrary to the decision of the High Court, that compensation be paid to the applicant through his lawyers, an order prohibiting Ministry of Finance, ULC and any other Government Officials from implementing the recommendation among others.

 

The applicant contended that he was a dealer in real estates and had acquired the disputed plots of land lawfully from the rightful owners.

The respondents on the other hand argued that this application had been brought prematurely, since the commission of inquiry was still carrying out investigations on the same matter, that it was not in the interest of justice to grant the orders prayed for.

Headnote and Holding: 

The court stated that, the orders issued by the commission of inquiry were in contradiction with the court order and thus were illegal and ultra vires.

Further, the decision of the commission interfered with judicial independence. As a result, it could not be left standing.

It was further noted that the IGG had no powers to investigate on the matter.

 

The application was thereby allowed, with orders made against the respondent, and costs awarded to the applicant.

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