Uganda Case Law

National Drug Authority and Another v Nakachwa Obiocha

National Drug Authority and Another v Nakachwa Obiocha (Civil Appeal 286 of 2017; Civil Appeal No. 281 & 286 of 2017) [2019] UGCA 2115 (29 August 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 286 of 2017 ; Civil Appeal No. 281 & 286 of 2017

Judge

Owiny-Dollo, DCJ, Egonda-Ntende, JA, Tuhaise, JA

The Court of Appeal held that while employment disputes are ordinarily matters of private law, judicial review is available where the employment has a statutory underpinning and the public body acts outside its statutory powers. In this case, the National Drug Authority, a statutory body, appointed an Executive Director to perform the functions of Secretary, contrary to Section 54 of the National Drug Policy and Authority Act, which only provides for a Secretary to head the Secretariat. The Authority's actions in creating and filling a position not authorized by statute were illegal and ultra…

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• Judicial Review
• Statutory Underpinning In Employment
• Public Body Powers
• Appointment And Termination
• Remedies For Illegality
• Alternative Remedies

Katabaazi v Uganda Christian University

Katabaazi v Uganda Christian University (MISCELLANEOUS CAUSE NO.268 OF 2017) [2018] UGHCCD 96 (20 December 2018)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO.268 OF 2017

Judge

Musa Ssekaana, J

The High Court held that the dispute over non-renewal of a fixed-term university contract was a private labour matter, not suitable for judicial review.

• Judicial Review
• Employment Contracts
• Alternative Remedies
• Public Vs Private Law
• Termination Of Employment
• Legitimate Expectation

Leads Insurance Ltd v Insurance Regulatory Authority Ltd and Another

Leads Insurance Ltd v Insurance Regulatory Authority Ltd and Another (Civil Appeal No. 237 of 2015) [2017] UGCA 149 (5 July 2017)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 237 of 2015

Judge

Kasule, JA, Musoke, JA, Barishaki JA

The Court of Appeal held that the High Court erred in dismissing the appellant's application for judicial review solely on the ground that an appeal should have been made to the Insurance Appeals Tribunal. At the material time, the Tribunal was not constituted and thus unavailable as an alternative remedy. The appellant raised valid issues of lack of jurisdiction, denial of the right to be heard, and breach of natural justice, which constitute exceptional circumstances justifying judicial review. The trial judge failed to consider the non-existence of the Tribunal and the adequacy of the alte…

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• Judicial Review
• Insurance Claims
• Administrative Jurisdiction
• Right To Be Heard
• Natural Justice
• Alternative Remedies

Lukwago v Attorney General & Anor (Misc. Application No. 445 of 2013)

Lukwago v Attorney General & Anor (Misc. Application No. 445 of 2013) [2013] UGHCCD 155 (28 November 2013)

Court

HC: Civil Division (Uganda)

Case number

Misc. Application No. 445 of 2013

The court found that the applicant had established a prima facie case with a probability of success, as not all grounds raised were res judicata and some aspects of the Tribunal's conduct and report required judicial investigation. The applicant's position as elected Lord Mayor was not commercial employment and loss of office could not be adequately compensated by damages, thus constituting irreparable harm. The urgency and exceptional circumstances justified ex parte intervention to preserve the status quo. The existence of alternative remedies under the Act did not preclude the court's disc…

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• Judicial Review
• Interim Injunction
• Removal From Public Office
• Status Quo Preservation
• Res Judicata
• Alternative Remedies

Housing Finance Company of Uganda Ltd v Commissioner General, Uganda Revenue Authority (HCT-00-CC-MA 722 of 2005)

Housing Finance Company of Uganda Ltd v Commissioner General, Uganda Revenue Authority (HCT-00-CC-MA 722 of 2005) [2005] UGCommC 76 (14 December 2005)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 722 of 2005

The High Court refused leave for judicial review of a VAT assessment, holding that the Tax Appeals Tribunal offered an alternative statutory remedy.

• Judicial Review
• Alternative Remedies
• Vat Assessment
• Tax Appeals Tribunal Jurisdiction
• Exempted Supplies
• Leave To Apply