Wakilii

Dr. Barugahare v Makerere University and 3 Others (Misc Cause No. 147 of 2020)

High Court · [2022] UGHCCD 195 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking declarations and prerogative orders challenging decisions to place applicant on compulsory leave and appoint acting Accounting Officer
Decision
Application dismissed for failure to exhaust statutory remedies

Observed later treatment

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Holding

The High Court dismissed the application for judicial review on the ground that the applicant failed to exhaust existing statutory remedies. The Universities and Other Tertiary Institutions Act provides for a University Staff Tribunal to resolve employment disputes, and section 57 requires staff members to appeal to the Tribunal before seeking judicial review. The court held that judicial review should be refused where a claimant has failed to exhaust other procedural remedies, and that where Parliament has created a statutory appeal procedure, it is mandatory to exhaust that procedure before invoking the court's discretion under judicial review.

Outcome

Application dismissed for failure to exhaust statutory remedies

Facts

Dr. Charles Barugahare, University Secretary of Makerere University, was placed on compulsory leave for three months effective 1 July 2020 by the Vice Chancellor (2nd respondent). During this period, the 3rd respondent was appointed as acting Accounting Officer. The applicant alleged that the decision was made without cause, without a hearing, and in violation of statutory procedures. The respondents stated that the compulsory leave was imposed pursuant to the Human Resource Manual following issues raised by the Public Procurement and Disposal of Public Assets Authority and the University Council concerning the applicant's performance. A Management Committee was constituted to conduct an inquiry into allegations against the applicant. The applicant was invited to a meeting on 26 June 2020 to discuss resumption of duties but did not attend. The applicant brought this judicial review application seeking declarations that the decisions were ultra vires, null and void, and seeking prerogative orders of certiorari, mandamus, prohibition, and injunction, as well as damages.

Issues

  1. Whether the application is competently before the court
  2. Whether the applicant exhausted existing remedies available within the public body or under the law before seeking judicial review

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Judicial Review — Exhaustion of Alternative Remedies — Statutory Appeal Procedures
Judicial review should be refused where the claimant has failed to exhaust other procedural remedies. Where a statute provides a specific remedy for enforcing a right or liability created by that statute, the statutory remedy must be availed of in the first instance before seeking judicial review.
Administrative Law — Alternative Dispute Resolution — Statutory Tribunals
Where legislation creates an avenue of redress through a tribunal or other specialist body, the court should divert challenges to that forum. The statutory appeal process is a clear substitute for judicial review, and judicial review is used where there is no statutory right of appeal.
Judicial Review — Amenability — Rule 7A Judicature (Judicial Review) (Amendment) Rules 2019
Under Rule 7A(1)(b) of the Judicature (Judicial Review) (Amendment) Rules 2019, the court must satisfy itself that the aggrieved person has exhausted the existing remedies available within the public body or under the law before entertaining an application for judicial review.
Employment & Labour — University Staff — Statutory Dispute Resolution Mechanisms
Section 57 of the Universities and Other Tertiary Institutions Act provides that a member of staff may appeal to the University Staff Tribunal against a decision of the Appointments Board, and may apply to the High Court for judicial review only after exhausting the Tribunal process. This statutory procedure must be followed before seeking judicial review.
Statutory Interpretation — Parliamentary Intention — Respect for Statutory Structures
Where Parliament has created statutory procedures to address grievances, it is deemed mandatory to exhaust those procedures before seeking the court's discretion under judicial review. To hold otherwise would risk subverting Parliament's intention in creating such appeals to tribunals.

Legislation cited (21)

Cases cited (11)

  • Sewanyana Jimmy v Kampala International University (High Court Miscellaneous Cause No. 207 of 2016)
  • R (Sivasubramaniam) v Wandsworth County Court [2003] 1 WLR 475
  • Fuelex Uganda Ltd v Attorney General and 2 Others (High Court Miscellaneous Cause No. 48 of 2014)
  • Micro Care Insurance Limited v Uganda Insurance Commission (Miscellaneous Cause No. 218 of 2009)
  • Preston v IRC [1995] 2 All ER 327
  • Classy Photo Mart Ltd v Commissioner Customs URA (Miscellaneous Cause No. 30 of 2009)
  • Prof. Isaiah Omolo Ndiege v Kyambogo University (Miscellaneous Cause No. 141 of 2015)
  • Charles Nsubuga v Eng Badru Kiggundu and 3 Others (High Court Miscellaneous Cause No. 148 of 2015)
  • Bernard Mulage v Fineserve Africa Limited and 3 Others (Petition No. 503 of 2014)
  • Speaker of National Assembly v Ngenga Karume [2008] 1 KLR 425
  • Dr Peter Okello v Kyambogo University and Dr. Annie Begumisa (High Court Miscellaneous Cause No. 23 of 2017)

Full judgment

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Dr. Barugahare v Makerere University and 3 Others (Misc Cause No. 147 of 2020) [2022] UGHCCD 195 (30 September 2022)
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.