[2025] UGCA 163
The petition was dismissed for want of prosecution because the petitioner failed to comply with the court's directions regarding amendment, service, and filing of responses. The court found that the directions given to the parties had not been adhered to, which constituted a failure to prosecute the petition. As a...
Source-derived case information.
- Citation
- [2025] UGCA 163
- Parties
- Applicant: Sarah Anena; Respondent: Institute of Certified Public Accountants of Uganda; Respondent: Minister of Finance; Hon. Kasaijja Matia; Respondent: Registrar of Accountants; Derrick Nkajja
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Constitutional Petition No. 0033 of 2021
- Procedural Posture
- Constitutional Petition / Ruling on Dismissal for Want of Prosecution
- Outcome
- petition dismissed for want of prosecution
- Judges
- Kiryabwire, JCC, Kibeedi Mutangula, JCC, Gashirabake, JCC, Kihika, JA /JCC, Tibulya, JA/JCC
- Legal Topics
- Ultra Vires Actions, Membership Restrictions, Constitutional Interpretation, Failure to Prosecute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Anena
Applicant
Institute of Certified Public Accountants of Uganda
Respondent
Minister of Finance; Hon. Kasaijja Matia
Respondent
Registrar of Accountants; Derrick Nkajja
Respondent
Procedural Posture
Constitutional Petition / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the petition disclosed a cause of action under Article 137 of the Constitution.
- 2 Whether the 1st respondent acted ultra vires in restricting direct membership to accounting societies within East Africa.
- 3 Whether the petition was properly prosecuted in accordance with court directions.
Ratio Decidendi
The petition was dismissed for want of prosecution because the petitioner failed to comply with the court's directions regarding amendment, service, and filing of responses. The court found that the directions given to the parties had not been adhered to, which constituted a failure to prosecute the petition. As a result, the petition could not proceed and was dismissed, with no orders as to costs.
Court Disposition
petition dismissed for want of prosecution
Orders
- The petition is dismissed for want of prosecution.
- No orders as to costs.
Full Case Text
Judgment text and source record
30 paragraphs
## THE REPUBLIC OF UGANDA
## IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA
Coram: Kiryabwire; Kibeedi; Gashirabake; Kihika & Tibulya, JJ. CC
### **Constitutional Petition No. 0033 of 2021**
**PETITIONER Sarah Anena ...................................**
#### Versus
- 1. Institute of Certified Public Accountants of Uganda - 2. Minister of Finance; Hon. Kasaijja Matia - 3. Registrar of Accountants; Derrick Nkajja ..................................
# **RULING OF COURT**
- 1. The petitioner, Sarah Anena brought this petition under Article 137 (1), (3) (a) (b) and (4) of the Constitution and the Constitutional Court (Petitions and References) Rules, 2005. It was alleged that the 1<sup>st</sup> respondent acted ultra vires in restricting direct membership of the institute to only members of accounting societies from within the East Africa Region. - 2. The petition is supported by the affidavit of the petitioner. - 3. The $1^{st}$ and $3^{rd}$ respondents, contending that the petition does not disclose a cause of action opposed it. - 4. The $2<sup>nd</sup>$ respondent also opposed the petition and pleaded that it does not raise any matters for constitutional interpretation in terms of Article 137 of the Constitution.
#### **Representation.**
5. The petitioner was represented by Ms. Elizabeth Yaledi. The second respondent was represented by Mr. Bichachi Ojambo (State Attorney), while the $1^{st}$ and $3^{rd}$ respondents were represented by **Mr. Martin Kakuru**.
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### Considerations.
d
- 6. When the petition came up for hearing on 18th November 202\$, the court noted that the 2nd respondent was wrongly added as a party to the petition. It was also noted that the Attorney General had not been added as a party to the petition. The court therefore struck out the 2nd respondent and granted leave to the petitioner to amend the petition by adding the Attorney General p <sup>a</sup> party. - 7. The court also directed the petitioner to file and serve the petition by 25th November 2024. The respondents were given up to 9th December 2024 to file and serve their responses to the petition. A rejoinder if any, was to be filed by 13th December 2024. Directions were given to the Court . Registrar to conduct a scheduling conference. The court reserved its - 8. The directions to the parties have to date not been adhered to. This amounts to failure to prosecute the petition. - 9. The petition therefore stands dismissed for want of prosecution, with no orders as to costs. N
v,
\Y..
Dated at Kampala this ....................................
Geoffrey Kiryabwire
**Justice of the Constitutional Court.**
Mamincilee 2.
Muzamiru M. Kibeedi
**Justice of the Constitutional Court.**
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**Christopher Gashirabake**
**Justice of the Constitutional Court.**
Oscar John Kihika.
**Justice of the Constitutional Court.**
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**Margaret Tibulya Justice of the Constitutional Court.**