JOHN MWOMBEKI BYOMBALIRWA v THE REGIONAL COMMISSIONER AND REGIONAL POLICE COMMANDER, BUKOBA 1986 TLR 73

Facts

The applicant was one of suspected economic saboteurs. He was arrested in March 1983 and a substantial part of his property valued at Shs.11,675,680/= was seized (excluding beer and Konyagi). He was charged with hoarding property but the special tribunal acquitted him and ordered that the seized property be restored to the applicant. The government I officials involved did not comply with the order hence the application for an order of mandamus to issue. 

Held: (i) Five conditions must be proved in order for an order of mandamus to issue.

(a) the applicant must have demanded performance and the respondents must have refused to perform.

(b) the respondents as public officers must have a public duty to perform imposed on them by statute or any other law but it  should not be a duty owed solely to the state but should be a duty owed as well to the individual citizen.

(c) the public duty imposed should be of an imperative nature and not a discretionary one.

(d) the applicant must have a locus standi, that is he must have sufficient interest in the matter he is applying for.

(e) there should be no other appropriate remedy available to the applicant.

  (ii) in this application all the five conditions have been proved.

 (iii) the applicant deserves an immediate order for redress because the injustice already done to him is substantial and unwarranted.