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Basaija v Fortportal City Service Commission and Another (Civil Miscellaneous Application 6 of 2023)

High Court · [2023] UGHCCD 250 · 2023 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
Decision
Leave granted to file judicial review application out of time

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. The applicant, an internal auditor irregularly transferred to commercial officer, had delayed filing due to the Town Clerk's promises to rectify the matter and a letter assigning him internal auditor duties which gave him honest belief the issue was resolved. The court held that the applicant's explanation was reasonable, no injustice would be caused to the respondents, and the intended application appeared arguable on merits.

Outcome

Leave granted to file judicial review application out of time

Facts

The applicant was employed as Internal Auditor by Fort Portal Municipal Council (now Fort Portal Tourism City). In October 2022, the 1st Respondent irregularly recommended his transfer to Commercial Officer, effected by the Town Clerk on 10 November 2022. The applicant complained on 22 December 2022. The Ag. Town Clerk acknowledged the irregularity and promised to rectify it. On 16 January 2023, the Ag. Town Clerk assigned the applicant duties of Internal Auditor, leading him to believe the issue was resolved. However, the position of Internal Auditor was advertised with closing date 22 January 2023. The applicant wrote to the 1st Respondent on 2 March 2023 and to the Public Service Commission, but failed to file judicial review within the three-month statutory period. He sought extension of time based on the Town Clerk's promises and the letter assigning him internal auditor duties.

Issues

  1. Whether there is sufficient cause for court to extend the time within which an application for Judicial Review should be filed.
  2. What remedies are available.

Orders

  • The Applicant shall file and serve his application for Judicial Review within 10 days from the date of delivery of this Ruling.
  • Thereafter the statutory days for filing of pleadings shall be followed by the parties.
  • The costs of this application shall abide the outcome of the intended application for Judicial Review.

Rules and key headnotes

Judicial Review — Extension of Time — Grounds for Enlargement
An order for enlargement of time to file judicial review should ordinarily be granted unless the applicant is guilty of unexplained and inordinate delay, has not presented a reasonable explanation for failure to file within the prescribed time, the extension will prejudice the respondent, or the intended application is not arguable.
Judicial Review — Extension of Time — Balancing Test
In considering whether to extend time for filing judicial review, the court must balance considerations of access to justice on the one hand and the desire to have finality to administrative action on the other, and should not shut an applicant out unless the delay was inexcusable and the opponent was prejudiced.
Administrative Law — Judicial Review — Extension of Time — Honest Belief as Sufficient Cause
Where an applicant acted under the honest belief that an administrative authority would rectify an irregular decision, having received promises to that effect and a letter suggesting rectification, this constitutes sufficient cause to extend time for filing judicial review under Judicature Act s.36(7) and Judicial Review Rules r.5(1).

Legislation cited (4)

Cases cited (3)

  • Registered Trustees of Ker Bwobo Land Development Trust v Nwoya District Land Board (Civil Appeal No. 8 of 2017)
  • Nicholas Kiptoo Arap KorirSalat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR
  • Karinga Gaciani& 11 others Vs. Ndege Kabibi Kimanga& Anor, Supreme Court Application No. Eoo4 of 2023

Full judgment

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

Basaija v Fortportal City Service Commission and Another (Civil Miscellaneous Application 6 of 2023) [2023] UGHCCD 250 (24 August 2023)
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.