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    Judicial Review Is Not Available To Enforce Private Law Rights, Such As Those Arising From A Loan Agreement. Judicial Revie

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    samurai.stewart.hamilton
    The document discusses two legal alerts. The first alert is about a case where judicial review was not available to enforce private contractual rights against a public body. The second alert discusses factors considered by courts when granting mandatory injunctions, including seriousness of the issue, potential harm, public interest and likelihood of success.

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    Judicial Review Is Not Available To Enforce Private Law Rights, Such As Those Arising From A Loan Agreement. Judicial Revie

    Uploaded by

    samurai.stewart.hamilton
    32 views1 page
    The document discusses two legal alerts. The first alert is about a case where judicial review was not available to enforce private contractual rights against a public body. The second alert discusses factors considered by courts when granting mandatory injunctions, including seriousness of the issue, potential harm, public interest and likelihood of success.

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    review and appeal

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    Judicial Review is Not Available to Enforce Private Law Rights, Such as Those Arising From a Loan Agreement. Judicial Revie

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    The document discusses two legal alerts. The first alert is about a case where judicial review was not available to enforce private contractual rights against a public body. The second alert discusses factors considered by courts when granting mandatory injunctions, including seriousness of the issue, potential harm, public interest and likelihood of success.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    32 views1 page

    Judicial Review Is Not Available To Enforce Private Law Rights, Such As Those Arising From A Loan Agreement. Judicial Revie

    Uploaded by

    samurai.stewart.hamilton
    The document discusses two legal alerts. The first alert is about a case where judicial review was not available to enforce private contractual rights against a public body. The second alert discusses factors considered by courts when granting mandatory injunctions, including seriousness of the issue, potential harm, public interest and likelihood of success.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    LDC

    LEGAL ALERTS
    Legal Alerts

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

    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.
    PAGE 1

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