Uganda Case Law

Maruk v Attorney General and Judicial Service Commission (Consolidated Civil Suit 148 of 2015; Consolidated Civil Suit 149 of 2015)

Maruk v Attorney General and Judicial Service Commission (Consolidated Civil Suit 148 of 2015; Consolidated Civil Suit 149 of 2015) [2023] UGCA 188 (14 July 2023)

Court

Court of Appeal of Uganda

Case number

Consolidated Civil Suit 148 of 2015 ; Consolidated Civil Suit 149 of 2015

Judge

Mulyagonja, JA, Muzamiru, JA, Luswata, JA

The Court of Appeal held that the Judicial Service Commission (JSC) acted within its constitutional and statutory mandate in disciplining and dismissing the appellant, a judicial officer, for failure to deliver judgments within a reasonable time and for contravention of the Code of Judicial Conduct. The Court found that the High Court was correct in treating the appeal as a first appeal, with powers to reappraise both facts and law. The evidence established that the appellant delayed delivery of judgments for extended periods without satisfactory explanation, amounting to misconduct under the…

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• Judicial Discipline
• Disciplinary Proceedings
• Appellate Jurisdiction
• Burden Of Proof
• Natural Justice
• Public Service Dismissal

Nkunyingi-Ssembajja v Secretary, Public Service Commission & Another

Nkunyingi-Ssembajja v Secretary, Public Service Commission & Another (MISCELLANEOUS CAUSE NO. 82 OF 2019) [2020] UGHCCD 74 (30 April 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 82 OF 2019

Judge

Musa Ssekaana, J

The High Court held that the applicant’s dismissal from public service was procedurally improper for want of a hearing and reasons, and quashed the refusal to reinstate him.

• Judicial Review
• Natural Justice
• Procedural Fairness
• Public Service Dismissal
• Right To Be Heard
• Reinstatement

Kiwanuka Kunsa v Attorney General

Kiwanuka Kunsa v Attorney General (MISCELLANEOUS CAUSE NO. 208 OF 2017) [2020] UGHCCD 7 (7 February 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 208 OF 2017

Judge

Wolayo, J

The High Court quashed the dismissal of a public officer for lack of due process, holding that a separate disciplinary hearing was required despite his criminal conviction.

• Judicial Review
• Public Service Dismissal
• Natural Justice
• Disciplinary Procedure
• Fair Hearing
• Remedies

Chrysanthe v Republic of Rwanda (Application No. 003/2013)

Chrysanthe v Republic of Rwanda (Application No. 003/2013) [2014] AfCHPR 45 (10 May 2014)

Court

African Court on Human and Peoples Rights

Case number

Application No. 003/2013

Judge

Aba J, Akuffo P, Eno R, Guissè J, Kioko J, Ngoepe VP, Niyungeko J, Orė J, Ouguergouz J, Ramadhani J, Tambala J, Thompson J

The African Court struck out an application after the applicant discontinued the case. It held that the respondent’s consent was unnecessary because no steps had yet been taken to proceed.

• Public Service Dismissal
• Constitutional Rights Violation
• Procedural Discontinuance
• Procedural-discontinuance
• African-court-on-human-and-peoples-rights
• Human-rights-procedure

Jamada K. Luzinda v Attorney General

Jamada K. Luzinda v Attorney General (Miscellaneous Cause No. 64 of 2010) [2012] UGHCCD 303 (1 June 2012)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 64 of 2010

Judge

Musoke, J

The court found that the applicant's claim was brought long after the statutory limitation periods had expired. The applicant was dismissed in 1980, became aware of the dismissal by 1984, but failed to challenge the decision until 2002 and only filed the present application in 2010. The Judicature (Judicial Review) Rules, 2009, and the Civil Procedure and Limitation (Miscellaneous Provisions) Act, Cap 72, both require prompt action within three years (for contractual claims) or three months (for judicial review). The applicant provided no reasonable explanation for the delay. The court held t…

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• Judicial Review
• Limitation Periods
• Natural Justice
• Public Service Dismissal

Bamanya Gersom v Rattan Singh & 2 Ors (High Court Misc. App. No. 961 of 2004)

Bamanya Gersom v Rattan Singh & 2 Ors (High Court Misc. App. No. 961 of 2004) [2005] UGHC 68 (7 February 2005)

Court

High Court of Uganda

Case number

High Court Misc. App. No. 961 of 2004

Judge

Bybakama, J

The High Court of Uganda held that a judicial review application challenging interdiction and retirement from public service was time-barred and dismissed it.

• Judicial Review
• Limitation Periods
• Public Service Dismissal
• Natural Justice
• Judicial-review
• Limitation-periods