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6 Oct 2022

Administrative Law [2022] UGHCCD 203

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…

Source excerpt

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

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23 Jan 2014

Administrative Law [2014] UGHCCD 9

Kabenge v Uganda Law Society & Anor (Misc. Cause No. 254 of 2013)

Kabenge v Uganda Law Society & Anor (Misc. Cause No. 254 of 2013) [2014] UGHCCD 9 (23 January 2014)

Court: HC: Civil Division (Uganda)
Case number: Misc. Cause No. 254 of 2013

The High Court held that judicial review is not the competent procedure for challenging the outcome of elections of office bearers in the Uganda Law Society. The election process and decisions made at the AGM are membership matters, not administrative acts or decisions of an administrative body. The applicant's claims regarding procedural irregularities, discrimination, and disenfranchisement relate to the merits of the election and require extensive evidence, which cannot be adequately addressed through judicial review. Furthermore, the application was incompetent for seeking constitutional…