Wakilii

Dr. Ibanda Ahmed Hood v Makerere University (Miscellaneous Cause No 226 of 2022)

High Court · [2025] UGHCCD 242 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking certiorari and prohibition against university promotion decision
Decision
Application dismissed for failure to exhaust internal remedies and for being brought against a party that had not made a decision on the matter

Observed later treatment

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Holding

The High Court dismissed an application for judicial review of a university promotion decision on the ground that the applicant had not exhausted internal remedies. The court held that where an institution provides a structured internal appeals process through departmental, school, college, appointments board, and staff tribunal levels, an applicant must exhaust each stage before seeking judicial review. The application was also brought against the wrong party, as the Appointments Board had not made any decision on the applicant's promotion.

Outcome

Application dismissed for failure to exhaust internal remedies and for being brought against a party that had not made a decision on the matter

Facts

Dr. Ibanda Ahmed Hood, a medical doctor with two Master's degrees in Obstetrics and Gynaecology and Pharmacology, applied for promotion to Lecturer at Makerere University on 22 September 2021. His application was approved by the Departmental Committee but rejected by the School Appointments and Promotions Committee on 4 July 2022, with confirmation on 8 July 2022. The rejection cited misalignment of qualifications with specialty. Dr. Ibanda was denied access to meeting minutes and was unclear about which body made the decision. He filed an appeal to the University Staff Tribunal on 15 September 2022, which remained pending. Without exhausting the full internal appeals process through school, college, and appointments board levels, he filed for judicial review seeking certiorari to quash the decision and prohibition against enforcement.

Issues

  1. Whether the application is properly before court.
  2. Whether the application discloses grounds for judicial review.
  3. What remedies are available to the parties.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.
  • Remedies sought denied.

Rules and key headnotes

Judicial Review — Exhaustion of Remedies — Requirement to Exhaust Internal Remedies Before Seeking Judicial Review
An applicant seeking judicial review must exhaust all internal remedies available within the public body before approaching the court, as required by Rule 7A(1)(b) of the Judicature (Judicial Review) (Amendment) Rules 2019.
Administrative Law — Internal Appeals Process — Structured Hierarchy of Appeals Within Public Institutions
Where a public institution provides a structured internal appeals process with multiple levels of review, an applicant must follow each stage in sequence before the matter becomes amenable to judicial review.
Judicial Review — Proper Respondent — Application Against Party That Has Not Made a Decision
An application for judicial review must be brought against the body or official that made the impugned decision; an application against a party that has not taken any decision on the matter discloses no cause of action.
Administrative Law — Inherent Powers of Court — Judicial Restraint in Supervisory Jurisdiction
The inherent jurisdiction of the court, while unlimited, should be invoked judiciously and for sufficient or justifiable cause; courts in their supervisory capacity are not mandated to stifle the work and functions of institutions.

Legislation cited (5)

Cases cited (2)

  • Byaruhanga John Patrick Commissioner Land Registration (HCMA No. 235 of 2024)
  • K-Solutions v Attorney General (HCS No. 122 of 2023)

Full judgment

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

Dr. Ibanda Ahmed Hood v Makerere University (Miscellaneous Cause No 226 of 2022) [2025] UGHCCD 242 (29 October 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.