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The High Court granted summary judgment for Tarime District Council in a service levy claim after the defendant failed to obtain leave to defend.
The East African Court of Justice dismissed Ola Energy Uganda Limited’s stay application because the trial court’s dismissal of the reference was not a positive order capable of execution.
The suit is compromised and settled by consent pursuant to the Deed of Settlement, with the Defendant acknowledging liability for the statutory levy, partial payments made, and the balance to be paid by a specified date, with all other claims waived.
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The applicant satisfied all six legal criteria for leave to apply for judicial review, including establishment of a prima facie case, sufficient interest, timely filing, decision by a public body, exhaustion of remedies, and good faith. The compounding order is final and unappealable, making judicial review the appropriate remedy.
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The High Court entered summary judgment for Bunda Town Council and the Attorney General after the defendant failed to obtain leave to defend a service levy claim.
The preliminary objection was dismissed because the decision to compound offences is criminal in nature and not a civil dispute within the exclusive jurisdiction of the Tax Revenue Appeals Board. The High Court retains jurisdiction to entertain applications for judicial review of such administrative actions, notwithstanding statutory finality clauses.
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The High Court entered summary judgment for Bunda Town Council and the Attorney General for unpaid service levy, after the defendant failed to obtain leave to defend.
The application discloses triable issues of fact and law regarding the payment and jurisdiction of service levies, and the applicant is entitled to leave to defend the summary suit, subject to depositing half of the claimed sum.
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The defendant failed to raise any triable issues and did not defend the summary suit; therefore, the court deemed the allegations admitted and entered judgment for the plaintiffs for the outstanding service levy, interest, and costs.
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The application seeks removal of a charge created by TRA over property for recovery of unpaid tax, which is a dispute arising from administration of tax law. Such disputes fall within the exclusive jurisdiction of the Tax Revenue Appeals Board, not the High Court. The High Court lacks jurisdiction to entertain the application.
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