Uganda Case Law

Rev.Fr.Pacuto v Muni University and Another

Rev.Fr.Pacuto v Muni University and Another (Miscellaneous Cause No. 5 of 2021) [2023] UGHCCD 85 (31 March 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 5 of 2021

Judge

Serunkuma, J

The applicant was appointed as chaplain of Muni University on nomination by the diocese of Arua, and his employment was governed by the University and Other Tertiary Institutions Act, the Public Service Act, and the university's Human Resource Manual. Upon the bishop's appointment of the applicant as curate elsewhere and nomination of a replacement, the appointments board terminated the applicant's employment, paying two months' salary in lieu of notice. The court found that the procedures followed were not illegal, irrational, or procedurally improper, as there was no disciplinary action or…

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• Judicial Review
• Termination Of Employment
• Procedural Fairness
• Bias And Abuse Of Office
• Public Body Employment
• Remedies In Judicial Review

Mpiima David v Uganda Cancer Institute and Anor

Mpiima David v Uganda Cancer Institute and Anor (Miscellaneous Cause No. 182 of 2020) [2021] UGHCCD 87 (21 June 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 182 of 2020

Judge

Musa Ssekaana, J

The court found that while the initial interdiction of the applicant was lawful due to serious allegations of misconduct, the prolonged interdiction exceeding the statutory period prescribed by the Public Service Standing Orders and the UCI Human Resource Manual was unlawful. The Uganda Cancer Institute failed to conclude investigations and communicate the lifting of interdiction within the required timeframe, rendering the continued interdiction ultra vires and irrational. The Attorney General was improperly joined as a party since the Uganda Cancer Institute acted independently. The applica…

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• Judicial Review
• Public Service Discipline
• Interdiction Procedure
• Ultra Vires Actions
• Remedies In Judicial Review

Ntegeka v Irumba & 4 Ors (MISC.. CAUSE No. 013 OF 2020)

Ntegeka v Irumba & 4 Ors (MISC.. CAUSE No. 013 OF 2020) [2020] UGHCCD 150 (30 June 2020)

Court

HC: Civil Division (Uganda)

Case number

MISC.. CAUSE No. 013 OF 2020

Judge

Gadenya, J

The High Court quashed the dismissal of a mosque imam after finding the disciplinary process biased, procedurally unfair, and contrary to natural justice.

• Judicial Review
• Natural Justice
• Ultra Vires Decision
• Procedural Impropriety
• Fair Hearing
• Remedies In Judicial Review

The Executive Director, National Environment Management Authority (NEMA) v Solid State Limited

The Executive Director, National Environment Management Authority (NEMA) v Solid State Limited (Civil Appeal 15 of 2015) [2018] UGSC 93 (21 December 2018)

Court

Supreme Court of Uganda

Case number

Civil Appeal 15 of 2015

Judge

Tumwesigye, JSC, Kisaakye, JSC, Arach-Amoko, JSC, Opio-Aweri, JSC, Mwondha, JSC

The Supreme Court held that judicial review proceedings may be instituted against the Executive Director of NEMA in his official capacity, as the relevant statutory provisions confer responsibility for the challenged administrative acts. The respondent was not accorded a fair hearing prior to cancellation of its EIA Certificate, as the appellant failed to provide adequate notice of the complaints or an opportunity for the respondent to respond in a meaningful way. This violated the rules of natural justice and constitutional guarantees under Articles 28(1) and 42, rendering the cancellation v…

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• Judicial Review
• Natural Justice
• Environmental Licensing
• Fair Hearing
• Remedies In Judicial Review
• Damages Assessment

Nuwagira v Public Service Commission & 2 Ors (Hct-05-cv-m A-055-2009)

Nuwagira v Public Service Commission & 2 Ors (Hct-05-cv-m A-055-2009) [2009] UGHC 241 (22 October 2009)

Court

High Court of Uganda

Case number

Hct-05-cv-m A-055-2009

Judge

Gidudu, J

The High Court dismissed a judicial review application challenging the Public Service Commission’s advice to rescind an appointment, finding no ultra vires act or entitlement to a prior hearing.

• Judicial Review
• Ultra Vires Actions
• Right To Fair Hearing
• Public Service Employment
• Remedies In Judicial Review
• Judicial-review