Uganda Case Law

Bwire v Uganda Printing and Publishing Corporation

Bwire v Uganda Printing and Publishing Corporation (Miscellaneous Cause 148 of 2022) [2023] UGHCCD 275 (22 September 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 148 of 2022

Judge

Musa Ssekaana, J

The court held that the applicant's grievance arose from a private contractual relationship between the applicant and the respondent, making it an issue of private law governed by the Employment Act 2006, not administrative law. The position of Senior Procurement Officer was not created by statute but by the board of the respondent, and the process of appointment and dismissal was governed by the Human Resource Manual, not by statute or the Constitution. The court emphasized that judicial review is only available for breaches of public law and not for private law disputes. The applicant shoul…

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• Judicial Review
• Amenability Of Employment Disputes
• Public Vs Private Law
• Procedural Irregularity
• Exhaustion Of Statutory Remedies

Katabarwa v Electricity Regulatory Authority

Katabarwa v Electricity Regulatory Authority (Miscellaneous Cause No. 327 of 2021) [2022] UGHCCD 225 (31 October 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 327 of 2021

Judge

Musa Ssekaana, J

The High Court held that the employment dispute with the Electricity Regulatory Authority was a private law matter, not suitable for judicial review, and dismissed the application.

• Judicial Review
• Competence Of Application
• Exhaustion Of Remedies
• Employment Contract Termination
• Public Vs Private Law
• Jurisdiction Of High Court

Dr. Munyambonera v Attorney General (Misc Cause No. 392 of 2020)

Dr. Munyambonera v Attorney General (Misc Cause No. 392 of 2020) [2022] UGHCCD 124 (22 August 2022)

Court

HC: Civil Division (Uganda)

Case number

Misc Cause No. 392 of 2020

Judge

Musa Ssekaana, J

The court determined that the dispute between the applicant and respondent arose from an employment contract and involved the enforcement of private law rights, not public law issues. Although the Economic Policy Research Centre is a public body, the employment relationship did not raise any statutory or constitutional public law matters. Judicial review is not available for enforcing private contractual rights, and the proper forum for such disputes is the Labour Officer or Industrial Court. The applicant's attempt to use judicial review to challenge the acceptance of his resignation and rel…

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• Judicial Review
• Competence Of Application
• Employment Contracts
• Resignation And Revocation
• Public Vs Private Law
• Jurisdiction

Twed Property Development Limited v Uganda Investment Authourity and 2 Others

Twed Property Development Limited v Uganda Investment Authourity and 2 Others (Miscellaneous Cause No. 299 of 2020) [2021] UGHCCD 92 (6 August 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 299 of 2020

Judge

Musa Ssekaana, J

The court held that the applicant's claims arose from a private law contract (lease) with the 1st respondent, and the rights and obligations in question were contractual, not public law matters. Judicial review is a remedy of last resort and is not appropriate where an ordinary civil claim is available. The applicant's lease expired without development, and any rights to compensation or damages must be pursued through ordinary civil proceedings, not judicial review. The doctrine of legitimate expectation does not apply to concluded contracts, and the applicant's invocation of judicial review…

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• Judicial Review
• Public Vs Private Law
• Lease Allocation
• Legitimate Expectation
• Procedural Impropriety

Nakasero Market Sitting Vendors and traders Limited v Kampala Capital City Authourity and Anor

Nakasero Market Sitting Vendors and traders Limited v Kampala Capital City Authourity and Anor (Miscellaneous Cause No. 348 of 2020) [2021] UGHCCD 65 (23 July 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 348 of 2020

Judge

Musa Ssekaana, J

The court found that the present application was substantially based on the same subject matter and sought the same remedies as a previously instituted suit (HCCS No. 1141 of 2019) between the same parties, thus offending the doctrine of lis pendens under Section 6 of the Civil Procedure Act. The court further held that the applicant's claims arose from contractual and private law rights under a sub-lease and management agreement with the 1st respondent, not from public law duties, and therefore were not amenable to judicial review. The application was deemed an abuse of court process, as it…

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• Judicial Review
• Lis Pendens
• Market Management
• Public Vs Private Law
• Contractual Obligations
• Abuse Of Court Process

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