Uganda Case Law

Makala v Attorney General of the Republic of Rwanda

Makala v Attorney General of the Republic of Rwanda (Reference No.1 of 2017) [2020] EACJ 23 (18 June 2020) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.1 of 2017

Judge

Mugenyi PJ, Ngiye J, Ntezilyayo DPJ, Nyachae J, Nyawello J

The Court found that it had jurisdiction to determine the Reference under Articles 27(1) and 30(1) of the Treaty, as the acts complained of were attributable to the Republic of Rwanda, a Partner State. However, after reviewing the evidence and the relevant Rwandan legal provisions, the Court held that the applicant's dismissal was effected in accordance with domestic law, specifically under Article 93(5) of Law No. 86/2013, following a restructuring process that eliminated his position. The applicant failed to provide fully conclusive evidence of a clear and notorious injustice or a violation…

Source excerpt

• Public Service Termination
• Judicial Review Of Administrative Action
• Rule Of Law
• Treaty Interpretation

Kyagonza v Kiganda & Anor (HCT-12-CV-CR-005-2016)

Kyagonza v Kiganda & Anor (HCT-12-CV-CR-005-2016) [2017] UGHCCD 167 (22 November 2017)

Court

HC: Civil Division (Uganda)

Case number

HCT-12-CV-CR-005-2016

Judge

Rugadya, J

The application for judicial review was filed outside the three-month limitation period prescribed by Rule 5(1) of the Judicature (Judicial Review) Rules, 2009, as the final decision of the Public Service Commission was made on 11/12/2015 and the application was filed on 15/03/2016. No application for extension of time was made, and no good reason was presented to the court to justify an extension. Additionally, the application was defective for seeking representative orders on behalf of unnamed civil servants without complying with the mandatory requirements of Order 1 Rule 8 of the Civil Pr…

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• Judicial Review
• Limitation Periods
• Representative Actions
• Public Service Termination

Ruth Molly O. Lematia v Attorney General

Ruth Molly O. Lematia v Attorney General (Civil Suit No.212 of 2003) (Civil Suit No.212 of 2003) [2004] UGHC 30 (12 October 2004)

Court

High Court of Uganda

Case number

Civil Suit No.212 of 2003

The High Court held that the plaintiff’s interdiction and dismissal from public service were procedurally unfair and unlawful, and awarded compensation, gratuity, pension, costs, and interest.

• Wrongful Dismissal
• Public Service Termination
• Due Process In Employment
• Disciplinary Procedure
• Remedies For Unlawful Dismissal
• Wrongful-dismissal