[2014] UGHCCD 162
The court held that the application against the Public Service Commission, a government body, cannot proceed directly as the entity is not a legal person and must be sued through the Attorney General in accordance with Article 250(2) of the Constitution and Section 110 of the Government Proceedings Act. The court...
Source-derived case information.
- Citation
- [2014] UGHCCD 162
- Parties
- Applicant: Joseph Omuron; Respondent: Public Service Commission
- Court
- HC: Civil Division (Uganda)
- Jurisdiction
- Uganda
- Judgment Date
- 4 April 201417 October 20144 April 2014
- Case Number
- Misc Cause No 200 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- proceedings stayed pending constitutional court determination
- Legal Topics
- Judicial Review, Government Proceedings, Prerogative Remedies, Constitutional Reference
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Omuron
Applicant
Public Service Commission
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether civil proceedings seeking prerogative remedies against a government body must be instituted through the Attorney General under Article 250(2) of the Constitution.
- 2 Whether the Public Service Commission can be sued directly as a respondent in judicial review proceedings.
Ratio Decidendi
The court held that the application against the Public Service Commission, a government body, cannot proceed directly as the entity is not a legal person and must be sued through the Attorney General in accordance with Article 250(2) of the Constitution and Section 110 of the Government Proceedings Act. The court referenced prior decisions, including CALEB ALAKA –VS– LAW COUNCIL, where similar objections were raised and the matter was referred to the Constitutional Court for interpretation. In light of the pending constitutional reference, the court determined that proceedings in the present case should be stayed until the Constitutional Court pronounces itself on the issue. The court...
Court Disposition
proceedings stayed pending constitutional court determination
Orders
- The application against the Public Service Commission is stayed until the Constitutional Court pronounces itself on the issue.
- Applicants affected by this order may seek to be joined to the constitutional reference depending on its stage.
Full Case Text
Judgment text and source record
30 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA AT KAMPALA**
**CIVIL DIVISION**
**MISC CAUSE NO 200 OF 2009**
**JOSEPH OMURON ::::::::::::::::::::::::::::::::::::::::::::::::APPLICANT**
**VERSUS**
**PUBLIC SERVICE COMMISSION::::::::::::::::::::::::: RESPONDENT**
**BEFORE JUSTICE NYANZI YASIN**
**RULING**
1. This is an old matter which qualifies to be called a back log case. It has been in court for 5 years as a matter of Judicial Review yet by its nature it is supposed to be an urgent issue and be resolved urgently. 2. However even when it got a chance to be ended an objection was raised on an important matter of procedure by the Attorney General. 3. Initially this case was filed by the applicant against the Public Service Commission and Amnesty Commission as the two respondents. On 14th/4/2010 by consent under 0.25r2 CPR Amnesty commission had the application withdrawn against it by the applicant. The Deputy Registrar of this court endorsed the consent on 20/4 /2010. 4. The hearing of this application proceeded by way of written arguments. The Attorney General while replying to the written submission of the applicant raised an objection and prayed that the matter be stayed. 5. The nature of the objection is that under Art250 (2) of the constitution of Uganda, Civil Proceedings against or by the court are started off by the A. G.
For that reason the Attorney General objected to the hearing of Misc cause 314/2013 **CALEB ALAKA –VS- LAW COUNCIL** arguing that the 4th respondent could not be sued as a non entity but sued through the Attorney General . Justice Musoke agreed and referred the matter to the constitutional court to decide the question. The question was framed as follows
“Whether the applicant’s acts of instituting civil proceedings seeking prerogative remedies against a corporate entity of Government the Law council Infringes Art 250(2) of the constitution”
In the present case the proceedings are against PSC which is a non entity and a Government body under the Attorney General’s Ambit.
While allowing the application of this nature to stay proceedings in **Nite FINING CO. LTD –VS**- **ATTORNEY GENERAL AND PS MOH** I referred to
Justice Musoke Kibuuka’s concern in **Peter Apell & 5 ors –vs- M. O. H. L and VR Development** where he referred to S 110 of Government proceedings act and concluded that the Ministry could be sued or its P. S. For reasons of being consistent, this application being against PSC cannot continue in light of the reference in **CALEB ALAKA** made by Justice Musoke. It serves us all to wait for the constitutional court to make its pronouncement on the issue.
Constitutional matters take Priority over all other proceedings in court.
If the applicants who are affected by this order of stay do wish, the order of stay here in can be used to make the party to the reference depending on the stage of its hearing.
**………………………………………………**
**NYANZI YASIN**
**JUDGE**
**4/04/2014**
**4/4/2014**
**Mr. Ntalemwa for Respondent**
**Tumwesigye for applicant**
**AG- ABSENT**
**Aisha clerk**
**Court: Ruling delivered in the presence of the above**
**……………………………………………….**
**NYANZI YASIN**
**/4/2014**