[2008] UGHC 33

[2008] UGHC 33

The court found that the applicants had previously accepted Ug.shs.431,893,260/= in full and final settlement of their claim against the government, and that their subsequent denial of this being a final settlement did not create a clear, indisputable right to further payment. The Attorney General's advice to pay the higher sum was not binding on the respondents, especially as the Attorney General's chambers themselves later opposed further payment. The court held that the duty to pay the additional sum was not plainly defined or indisputable, and that mandamus cannot issue to enforce doubtful or disputed rights. The applicants had other legal remedies, including appeal or setting aside...

Citation
[2008] UGHC 33
Parties
Applicant: Afro-Motors Ltd; Applicant: Okumu-Ringa Patrick Aloysius; Respondent: Minister of Finance, Planning and Economic Development; Respondent: Permanent Secretary/Secretary to Treasury, Ministry of Finance, Planning and Economic Development
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
2 April 2008
Case Number
Miscellaneous Cause No.693 of 2006
Procedural Posture
Miscellaneous Cause / Ruling on Application for Judicial Review (mandamus)
Outcome
application dismissed
Legal Topics
Judicial Review, Mandamus, Government Liability, Public Duty, Settlement of Claims
Source Language
English
Administrative Law Civil Procedure Judicial Review Mandamus Government Liability Public Duty Settlement of Claims

Case Brief

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Parties

Afro-Motors Ltd

Applicant

Okumu-Ringa Patrick Aloysius

Applicant

Minister of Finance, Planning and Economic Development

Respondent

Permanent Secretary/Secretary to Treasury, Ministry of Finance, Planning and Economic Development

Respondent

Procedural Posture

Miscellaneous Cause / Ruling on Application for Judicial Review (mandamus)

Legal Issues

  1. 1 Whether the respondents are under a mandatory public and constitutional duty to pay the applicants the sum of Ug.shs.1,074,831,029/= as advised by the Attorney General.
  2. 2 Whether a writ of mandamus can issue to compel payment where there is a dispute as to entitlement and the duty is not plainly defined.
  3. 3 Whether the Attorney General is bound by his previous advice or can reverse his position on a government claim.

Ratio Decidendi

The court found that the applicants had previously accepted Ug.shs.431,893,260/= in full and final settlement of their claim against the government, and that their subsequent denial of this being a final settlement did not create a clear, indisputable right to further payment. The Attorney General's advice to pay the higher sum was not binding on the respondents, especially as the Attorney General's chambers themselves later opposed further payment. The court held that the duty to pay the additional sum was not plainly defined or indisputable, and that mandamus cannot issue to enforce doubtful or disputed rights. The applicants had other legal remedies, including appeal or setting aside...

Court Disposition

application dismissed

Orders

  • The application for an order of mandamus is dismissed.
  • Each party shall bear its own costs.