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Akampurira Ezra v Uganda National Bureau of Standards (Miscellaneous Application No 898 of 2024)

High Court · [2025] UGHCCD 137 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file judicial review out of time arising from employment dismissal
Decision
Application granted; leave to file judicial review out of time allowed and underlying miscellaneous cause validated

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted leave to file a judicial review application out of time where the applicant, dismissed from employment on 8 April 2024, had attempted to exhaust internal remedies by filing an appeal on 22 April 2024 but received no response from the respondent. The court held that the requirement to exhaust internal remedies under Rule 7A(1)(b) of the Judicature (Judicial Review) Rules 2009, combined with the respondent's silence, constituted good reason for the delay. The court validated the underlying judicial review application.

Outcome

Application granted; leave to file judicial review out of time allowed and underlying miscellaneous cause validated

Facts

The applicant was employed by the respondent Uganda National Bureau of Standards in the Legal Metrology Department, Weights and Measures Division, deployed at Kampala Office at Katwe from 2019 until his dismissal on 8 April 2024 allegedly on grounds of dishonesty. The applicant contended that rules of natural justice and procedural fairness were not followed in his termination. Pursuant to the dismissal letter, he was required to lodge an appeal to the National Standards Council through the Executive Director within 14 days. He filed his appeal on 22 April 2024. Despite the respondent's Human Resource Manual providing that such appeals should be handled within two months, the applicant was never summoned for the appeal hearing. He requested the investigation report and other documentation but received no response. Having attempted to exhaust internal remedies without success, he filed the present application for leave to file a judicial review application out of time.

Issues

  1. Whether the application satisfies the grounds for the grant of extension of time to file a judicial review application.

Orders

  • Leave to file an Application for Judicial Review out of time is hereby granted.
  • Miscellaneous Cause No. 0176 of 2024 is validated.
  • The costs of this application shall be in the cause.

Rules and key headnotes

Judicial Review — Extension of Time — Good Reason — Exhaustion of Internal Remedies
Where an applicant has attempted to exhaust internal remedies as required by Rule 7A(1)(b) of the Judicature (Judicial Review) Rules 2009 but the public body has failed to respond or process the internal appeal, the delay occasioned by such attempts constitutes good reason for extending time to file a judicial review application under Rule 5(1).
Administrative Law — Exhaustion of Remedies — Flexible Approach — Unavailability of Remedies
The rule requiring exhaustion of local remedies must be applied flexibly; if no effective remedies are available or if the public body fails to respond to requests for internal redress, it would be unfair to penalise the applicant for not exhausting remedies that are unavailable in practice.
Civil Procedure — Affidavit in Reply — Failure to File — Effect
Where a respondent does not file an affidavit in reply to an application, the averments in the applicant's affidavit are taken to be true and unopposed.

Legislation cited (7)

Cases cited (4)

  • Kiganda Daniel v Makerere University (Miscellaneous Cause No. 133 of 2022)
  • David Lubuuka v Fred Joel Nosbya (Court of Appeal Miscellaneous Application No. 358 of 2016)
  • William Odoi Nyandusi v Jackson Oyuko Kasendi (Court of Appeal Civil Application No. 32 of 2018)
  • Rosette Kizito v Administrator General & Others (Supreme Court Civil Application No. 9 of 1986)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Akampurira Ezra v Uganda National Bureau of Standards (Miscellaneous Application No 898 of 2024) [2025] UGHCCD 137 (21 July 2025)
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.