Civil Remedies

Panakat Mohammad Ashraf v Attorney General & Ors (MISC. APPLICATION NO. 0121 OF 2013) [2016] UGHCCD 23 (24 March 2016);

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This was an application brought by Notice of Motion under
Rules 3(1)(a) and 6(1) of the Judicature Judicial Review Rules
to compel the respondents and the Treasurer Officer of
accounts to carry out its statutory duty to pay the applicant the
decretal sum of USD 25623.4 or its equivalent in Uganda
Shillings and UGX 9,733,600/- being taxed costs.
Court considered whether it should grant the application
Court ruled that in an application of this nature to succeed, the
applicant must show that: He/she has a clear legal right to
have something done by the respondent and the respondent is
under duty to do it; Performance of the duty by the respondent
is necessary. He/she has to demand a thing to be done or that
the respondent performs that duty. The demand has been
unequivocally refused. There is no other remedy available.

In the instant case it was clear that there is a decree of court
ordering the 3rd respondent to pay the applicant 76,965,370/-.
That meant that the respondent has a legal duty to pay and the
applicant has a legal right to be paid. The applicant had made
repeated demands to the respondents. The demands were
never satisfied.
Court accordingly granted the application.

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