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Ariho v The Governing Council of Uganda College of Commerce, Pakwach (MISCELLANEOUS CIVIL CAUSE No. 0009 OF 2016)

High Court · [2016] UGHCCD 92 · 2016 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking orders of certiorari, prohibition, an injunction and damages
Decision
Application partly allowed — certiorari orders granted quashing the respondent's ultra vires decisions; claims for prohibition, injunction and damages dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the Governing Council's resolution to hand back the Principal to the Ministry breached the audi alteram partem rule as the applicant was denied a fair opportunity to respond to accusations against him. Held further that the Council acted ultra vires in appointing an Acting Principal, as only the Education Service Commission has the power to appoint a Principal. The Council's decision was quashed by certiorari. However, the applicant's claim to resume duties as Principal without a fresh posting instruction was rejected, and the claims for prohibition, injunction and damages were dismissed.

Outcome

Application partly allowed — certiorari orders granted quashing the respondent's ultra vires decisions; claims for prohibition, injunction and damages dismissed

Facts

The applicant was appointed Principal of Uganda College of Commerce, Pakwach on 29 May 2012. Student unrest arose during his tenure, prompting the Governing Council to constitute a Committee of Inquiry. At its meeting on 13 January 2016, the Council resolved to hand the applicant back to the Ministry and appointed an Acting Principal. The applicant was excluded from the meeting when the report was considered and was not given an opportunity to respond to allegations. He was subsequently transferred to another college on 1 March 2016, which transfer was revoked on 4 April 2016. By letter dated 4 July 2016, the Minister of State for Higher Education purported to appoint him as a member of the Governing Council as Principal, but the respondent refused to swear him in.

Issues

  1. Whether the applicant was accorded a fair hearing before the respondent resolved to hand him back to the Ministry of Education.
  2. Whether the respondent acted ultra vires in appointing an Acting Principal to replace the applicant.
  3. Whether the respondent acted unlawfully in preventing the applicant from being sworn in as Principal and Secretary of the Council.
  4. Whether damages should be awarded for unlawful administrative action.

Orders

  • An order of certiorari issued quashing the respondent's decision to hand back the applicant to the Ministry of Education, Science, Technology and Sports in order to restore calm at the College and safeguard against the likely loss of life of the Principal.
  • An order of certiorari issued quashing the decision appointing Mr. Eton Marus as a caretaker Principal pending the posting of another Principal to head UCC Pakwach.
  • The claims for an order of prohibition, an injunction, general and punitive damages dismissed.
  • The applicant awarded half of his costs of these proceedings.

Rules and key headnotes

Judicial Review — Grounds — Natural Justice — Audi Alteram Partem — Duty to Act Fairly
Where an administrative decision affects a person's rights, interests or status in a fundamental way, the decision-maker has a duty to act fairly which requires that the person be given a meaningful opportunity to present evidence and respond to allegations before the decision is made.
Natural Justice — Audi Alteram Partem — Employment Context — High Standard Required
A high standard of justice is required when the right to continue in one's profession or employment is at stake, placing upon the administrative body a duty to observe a high standard of participatory rights guaranteed by the audi alteram partem rule.
Natural Justice — Evidence — No Hearing Behind the Back of the Affected Party
Where the audi alteram partem rule applies, an administrative body should not hold private interviews with witnesses or hear evidence in the absence of a party whose conduct is impugned and under scrutiny, and such party must know the case against him and be given a fair opportunity to correct or contradict allegations.
Judicial Review — Certiorari — Grounds — Ultra Vires Acts — Lack of Power
An order of certiorari will issue to quash an administrative decision that is ultra vires where the public body has no power to make that decision or has acted beyond its powers.
Public Tertiary Institutions — Appointment Powers — Governing Council Cannot Remove or Replace Principal
The Governing Council of a Public Tertiary Institution has no power to remove the Principal from office or to replace him with another member of staff, as the Principal is appointed by the Education Service Commission under section 83(1) of the Universities and Other Tertiary Institutions Act 2001 and only that body or the Permanent Secretary can effect such changes.
Judicial Review — Remedies — Damages — Requirements for Award
Damages may be awarded in addition to prerogative orders in judicial review proceedings only if the applicant has included a claim for damages in the motion and the court is satisfied that the elements of a recognized tort, breach of statutory duty, breach of contract or other cause of action can be established as if the claim had been made in an ordinary action.

Legislation cited (15)

Cases cited (11)

  • Tumwebaze v Makerere University Council (H.C. Civil Application No. 353 of 2005)
  • In Re An Application by Bukoba Gymkhana Club [1963] E.A. 473
  • Ridge v Baldwin [1964] AC 40
  • Kane v Board of Governors of U.B.C., 1980 CanLII 10, S.C.C.
  • Wood v Woad, L.R. 9
  • Fisher v Keane, 11 Ch. D. 353 at 363
  • Baker v Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (S.C.C.)
  • Local Government Board v. Arlidge, [1915] A.C. 120
  • De Verteuil v Knaggs and Another [1918] A.C. 557
  • Abbott v Sullivan [1952] 1 K.B. 189
  • Kanda v Government of the Federation of Malaya, [1962] A.C. 322

Full judgment

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Ariho v The Governing Council of Uganda College of Commerce, Pakwach (MISCELLANEOUS CIVIL CAUSE No. 0009 OF 2016) [2016] UGHCCD 92 (3 November 2016)
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.