[1996] UGHC 68

[1996] UGHC 68

The application for leave to apply for certiorari is time-barred, having been filed after the statutory six-month period required by section 34(6) of the Judicature Act and Rule 4 of the Law Reform (Miscellaneous Provisions) (Rules of Court) Rules. The applicant has a statutory right of appeal under section 14 of the Expropriated Properties Act, which must be exhausted before seeking prerogative writs. The Commissioner for Land Registration acted in accordance with the law and did not make a discretionary decision subject to certiorari or prohibition. Prohibition is not available as a remedy after the act complained of is complete, and the third respondent's registration as proprietor is...

Citation
[1996] UGHC 68
Parties
Applicant: Mustapha Ramathan; Respondent: Hon. Minister of Finance and Economic Planning; Respondent: Commissioner for Land Registration; Respondent: Mr. Tajdin Alidina Valimohamed
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
21 May 1996
Case Number
Miscellaneous Application 230 of 1996
Procedural Posture
Miscellaneous Application / Application for Leave to Apply for Prerogative Orders
Outcome
application dismissed
Judges
Musoke-Kibuuka, J
Legal Topics
Certiorari Leave Limitation, Expropriated Properties Act, Repossession Orders, Registration of Titles, Prerogative Writs, Statutory Remedies
Source Language
English
Administrative Law Land and Property Certiorari Leave Limitation Expropriated Properties Act Repossession Orders Registration of Titles Prerogative Writs Statutory Remedies

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Parties

Mustapha Ramathan

Applicant

Hon. Minister of Finance and Economic Planning

Respondent

Commissioner for Land Registration

Respondent

Mr. Tajdin Alidina Valimohamed

Respondent

Procedural Posture

Miscellaneous Application / Application for Leave to Apply for Prerogative Orders

Legal Issues

  1. 1 Whether the application for leave to apply for certiorari was made within the statutory limitation period.
  2. 2 Whether the applicant is entitled to prerogative orders of certiorari and/or prohibition against the respondents.
  3. 3 Whether statutory remedies preclude the invocation of prerogative writs in this context.

Ratio Decidendi

The application for leave to apply for certiorari is time-barred, having been filed after the statutory six-month period required by section 34(6) of the Judicature Act and Rule 4 of the Law Reform (Miscellaneous Provisions) (Rules of Court) Rules. The applicant has a statutory right of appeal under section 14 of the Expropriated Properties Act, which must be exhausted before seeking prerogative writs. The Commissioner for Land Registration acted in accordance with the law and did not make a discretionary decision subject to certiorari or prohibition. Prohibition is not available as a remedy after the act complained of is complete, and the third respondent's registration as proprietor is...

Court Disposition

application dismissed

Orders

  • The application for leave to apply for orders of certiorari and/or prohibition is dismissed.
  • No leave is granted to apply for prerogative orders against any respondent.