Uganda Case Law

National Drug Authority and Another v Nakachwa Obiocha

National Drug Authority and Another v Nakachwa Obiocha (Civil Appeal 286 of 2017; Civil Appeal No. 281 & 286 of 2017) [2019] UGCA 2115 (29 August 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 286 of 2017 ; Civil Appeal No. 281 & 286 of 2017

Judge

Owiny-Dollo, DCJ, Egonda-Ntende, JA, Tuhaise, JA

The Court of Appeal held that while employment disputes are ordinarily matters of private law, judicial review is available where the employment has a statutory underpinning and the public body acts outside its statutory powers. In this case, the National Drug Authority, a statutory body, appointed an Executive Director to perform the functions of Secretary, contrary to Section 54 of the National Drug Policy and Authority Act, which only provides for a Secretary to head the Secretariat. The Authority's actions in creating and filling a position not authorized by statute were illegal and ultra…

Source excerpt

• Judicial Review
• Statutory Underpinning In Employment
• Public Body Powers
• Appointment And Termination
• Remedies For Illegality
• Alternative Remedies