Judicial Review

Tumwebaze v Uganda Land Commission & Anor (HCT-05-CV-MA-0123-2008) [2009] UGHC 238 (25 August 2009);

Flynote: 

Search Summary: 

The Applicant by this application sought Judicial Review of the decision of the Uganda Land Commission - hereinafter referred to as the 1st Respondent, to cancel the lease offer to him. He, by this application sought an order of certiorari to quash the decision of the 1st Respondent contained in Minute 1/2008 (a)(4) of 13th June 2008. He also sought general damages for inconveniences caused by the actions of the 1st Respondent.

 

Headnote and Holding: 

Court laid down the principle that a key principle of Natural Justice is that a person cannot incur the loss of liberty or property or livelihood unless he has had an opportunity of a fair hearing.

Court held that the proceedings before me reveal that the 1st Respondent violated the rule requiring the Applicant to be heard before his lease offer could be cancelled. The objection to this application has been lukewarm and just fell short of admitting that the 1st Respondent acted without hearing the Applicant’s side. Consequently, the proceedings leading to the decision contained in Min. 1/2008 (1) (4) of June 13th 2008 are faulted and the decision revoking or cancelling the Applicant’s lease offer and subsequent directives to deregister his proprietorship were quashed.

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