Civil Remedies

Leads Insurance Company v Attorney General (CIVIL SUIT NO. 056 OF 2015) [2016] UGHCCD 31 (30 March 2016);

Flynote: 

Search Summary: 

In the instant suit, the plaintiff sought for remedies under
Article 50 of the Constitution challenging the defiance of the
Court Order.
Court considered whether the defendants defied the court
order.
Court ruled that the constitution provides that all organs and
agencies of state shall accord to the court such assistance as
may be required to ensure the effectiveness of the courts”.

From the facts of this case and evidence on record, it was
apparent that the defendant failed in the above duty. An order
of this court dated 22nd January 2015 was issued by court and
served on various organs of state. The order was never
complied with. The state and its organs elected to ignore that
order. They did not challenge the court order neither did they
appeal against it or have it varied. This was an act of defiance
which erodes the independence and effectiveness of court.

Court further held that the court order was part of a legal
process. Flaunting the order was an abuse of the legal process
calculated to undermine the administration of justice thus
exerting undue influence on the independence of the judiciary.
Court accordingly awarded the sought for declarations,
general and punitive damages.

Pages

Subscribe to RSS - Civil Remedies