Uganda Case Law

Kanimi Kaganda v Ntoroko District Local Government (HCT-01-CV-MC 17 of 2023)

Kanimi Kaganda v Ntoroko District Local Government (HCT-01-CV-MC 17 of 2023) [2023] UGHC 111 (13 November 2023)

Court

High Court of Uganda

Case number

HCT-01-CV-MC 17 of 2023

Judge

Wagona, J

The High Court at Fort Portal dismissed a judicial review challenge to a salary reduction, holding that internal public service remedies had not been exhausted.

• Judicial Review
• Public Service Salary Structure
• Exhaustion Of Alternative Remedies
• Public Service Standing Orders
• Judicial-review
• Exhaustion-of-alternative-remedies

Dr. Tindyebwa v Forum for Democratic Change (FDC) and Another (Misc Cause No. 120 of 2022)

Dr. Tindyebwa v Forum for Democratic Change (FDC) and Another (Misc Cause No. 120 of 2022) [2022] UGHCCD 203 (6 October 2022)

Court

HC: Civil Division (Uganda)

Case number

Misc Cause No. 120 of 2022

Judge

Boniface Wamala, J

The application was improperly brought before the Court as it sought reliefs available only through judicial review, which was not invoked. The FDC, as a political party, is a public body subject to judicial review, and the Applicant failed to exhaust alternative remedies and internal party procedures. The laws cited do not mandate political parties to nominate more than one candidate for EALA, and the decision to nominate a single candidate was within the party's discretion and in its strategic interest. Courts should not interfere with internal party decisions absent illegality or unreasona…

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• Judicial Review Scope
• Political Party Decision Making
• Nomination Procedure Eala
• Exhaustion Of Alternative Remedies

Ssemwanga & 31 Others v Democratic Party

Ssemwanga & 31 Others v Democratic Party (MISCELLANEOUS CAUSE NO. 59 OF 2020) [2020] UGHCCD 196 (18 September 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 59 OF 2020

Judge

Musa Ssekaana, J

The High Court dismissed a judicial review challenge to Democratic Party election management, holding that internal dispute remedies were not exhausted and NEC acted within its mandate.

• Judicial Review
• Exhaustion Of Alternative Remedies
• Internal Party Dispute Resolution
• Procedural Impropriety
• Party Elections
• Administrative Decisions

Fuelex Uganda Limited v Attorney General & Ors

Fuelex Uganda Limited v Attorney General & Ors (Miscellaneous Cause No. 048 of 2014) [2014] UGHCCD 104 (26 August 2014)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 048 of 2014

The court held that the applicant failed to exhaust the statutory remedy of administrative review by the Minister before seeking judicial review, contrary to the requirements of the Petroleum Supply Act. The Commissioner followed the prescribed procedure by issuing a default notice and allowing the applicant 30 days to remedy the default, which the applicant ignored. The subsequent revocation of the license was lawful, regular, and procedurally fair. The applicant's premature resort to judicial review was improper, as judicial review is a discretionary remedy available only after alternative…

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• Judicial Review
• Procedural Fairness
• Exhaustion Of Alternative Remedies
• Natural Justice
• Administrative Decisions

Saku & Anor v Commissioner Land Registration & Anor (Misc. Cause No. 040 of 2014)

Saku & Anor v Commissioner Land Registration & Anor (Misc. Cause No. 040 of 2014) [2014] UGHCLD 112 (14 July 2014)

Court

HC: Land Division (Uganda)

Case number

Misc. Cause No. 040 of 2014

Judge

Luswata, J

The court held that the applicants were not entitled to seek judicial review because an alternative remedy of appeal was available to them under Section 91(10) of the Land Act. The Commissioner Land Registration's decision to cancel the applicants' title was made while exercising powers under the Land Act, and any challenge to that decision should have been by way of appeal as specifically provided by statute. The court found that Section 165 of the Registration of Titles Act is merely procedural and does not itself confer a right of appeal, but the substantive action taken by the Commissione…

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• Judicial Review
• Exhaustion Of Alternative Remedies
• Land Title Cancellation
• Commissioner Land Registration