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Kampala Capital City Authority v Tusiime (Civil Appeal 216 of 2017)

Court of Appeal · [2024] UGCA 201 · 2024 Appeal Allowed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Civil appeal and cross-appeal from High Court orders in a judicial review application
Decision
Appeal allowed, High Court orders quashing the deployment decision and awarding compensation set aside, cross-appeal dismissed

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Holding

The Court of Appeal allowed the appeal, holding that the respondent's judicial review application was time barred under Rule 5(1) of the Judicature (Judicial Review) Rules 2009, which requires an application within three months of when the grounds first arose. The cause of action arose on 1 November 2012 when the appellant failed to issue an appointment letter within the mandatory one month under Regulation 29(1) of the Public Service Commission Regulations. Verbal promises and the respondent's anticipation of deployment did not create a continuous tort, and once time barred the remedy could not be revived. The respondent had neither sought nor justified an extension of time. The High Court orders were set aside and the cross-appeal dismissed.

Facts

In 2012 the Public Service Commission advertised vacant positions at the Kampala Capital City Authority, including Officer Prosecution. The respondent applied, was interviewed, and on 1 October 2012 was notified she was successful and advised to report to the appellant's Executive Director. On reporting she was verbally informed that her deployment was halted due to non-availability of funds, and that she would be contacted when funds were released. No appointment letter was issued. A formal written communication to this effect was received by her on 6 October 2016. On 18 October 2016 she filed an application for judicial review seeking certiorari quashing the decision halting her deployment, mandamus compelling her deployment, salary arrears, and damages of UGX 800,000,000. She did not formally communicate with the appellant about her position between 2012 and 2016, nor apply for any extension of time. She was eventually recruited after the High Court judgment and is a serving officer in the appellant's Legal Department.

Issues

  1. Whether the respondent's application for judicial review was time barred.
  2. Whether the respondent's application for judicial review disclosed plausible grounds for judicial review.
  3. Whether the trial judge misdirected himself on the law of damages.
  4. Whether the trial judge properly evaluated the evidence on record.
  5. Whether the cross appellant was entitled to other damages or reliefs in addition to those granted in the lower court.

Orders

  • The appeal is allowed and the decision of the High Court is set aside.
  • The Cross Appeal is dismissed.
  • Each party shall bear its costs in this Court and in the lower Court.

Key headnotes

Judicial Review — Limitation — Three-month period under Rule 5(1) of the Judicature (Judicial Review) Rules 2009
An application for judicial review must be made promptly and in any event within three months from the date when the grounds of the application first arose, unless the court extends the period for good reason.
Judicial Review — Limitation — Extension of time — Requirement of good reason
An extension of time to file a judicial review application must be premised on reasons relating to the applicant's inability to file within the stipulated three months; reliance on verbal communications and an applicant's anticipation of relief does not amount to good reason, and an extension cannot be granted where none was sought.
Judicial Review — Continuous tort — Revival of time-barred cause of action
Where a statutory duty must be performed within a fixed period, breach is actionable on the expiry of that period and does not constitute a continuous tort; once a cause of action is time barred, subsequent developments cannot revive it.
Administrative Law — Public service appointment — Failure to issue appointment letter under Regulation 29(1) of the Public Service Commission Regulations
The failure of a responsible officer to issue an appointment letter to a successful candidate within one month of approval, as required by Regulation 29(1) of the Public Service Commission Regulations, is an illegality that constitutes a ground for judicial review arising on the expiry of that one-month period.

Legislation cited (7)

  • Judicature (Judicial Review) Rules 2009 Rule 5(1)
  • Kampala Capital City Authority Act 2010 s.25(2)
  • Public Service Commission Regulations Regulation 25(1)
  • Public Service Commission Regulations Regulation 29(1)
  • Constitution of Uganda 1995 Article 42
  • Judicature Act s.36
  • Constitution of Uganda 1995 Article 126(2)(d)

Cases cited (4)

  • Begumisa and Others v Tibebaga (Supreme Court Civil Appeal No. 17 of 2000)
  • Sejusa v Attorney General (Miscellaneous Cause No. 176 of 2015)
  • Attorney General v Sejusa (Civil Appeal No. 195 of 2015)
  • Nicholson v England [1925] 2 KB 93
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.