LDC

LEGAL ALERTS
Legal Alerts

First Alert
In Greater Busoga Sugarcane Growers
Co-operatives Union vs. Uganda
Development Corporation & Ors.
(Miscellaneous Application No. 129 of
2024), the court found that the dispute
over the loan repayment was a private
matter between the applicant and the
4th respondent and did not involve any
public law issues that would warrant
judicial review.
Additionally, the court highlighted the
importance of suing the correct legal
entity, in this instance, the Uganda
Development Corporation rather than
individual office holders within the
corporation.
Second Alert
Judicial review is not available
to enforce private law rights,
such as those arising from a
loan agreement. Judicial review
is intended to address issues of
public law, ensuring that public
bodies act within the law and
their statutory mandates.
Matters involving the
enforcement of private
contractual rights, even when
one of the parties is a public
body, should be pursued
through ordinary legal actions
and not through judicial review.

The grant of a mandatory injunction is exercised at the discretion of the

court. It is not automatically granted as a matter of right but is
considered based on various factors including the seriousness of the
issue, the potential for irreparable harm, the public interest, and the
likelihood of success at trial.

Additionally, the court must exercise caution when granting injunctions

against public bodies, ensuring that such actions do not unduly interfere
with statutory powers or public projects. Overall, the court's decision to
grant or refuse a mandatory injunction is guided by the principles of
justice, fairness, and the public interest.

Miscellaneous Application No. 0205 of 2024, arising from Miscellaneous

Cause No. 0219 of 2023. CFAO Motors Uganda Limited & Ors. v. The Public
Procurement and Disposal of Public Assets Authority & Ors.
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