Wakilii

Haj Kaala Ibrahim v Attorney General and Another (Miscellaneous Cause No. 23 of 2017)

High Court · [2018] UGHCCD 253 · 2018 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Judicial review application challenging ministerial decision to ban importation of fishing gears
Decision
Declaration of illegality granted; damages awarded; prerogative writs refused as ban had expired

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the Minister of Trade, Industry and Cooperatives acted ultra vires in banning importation of fishing gears, as the power to regulate fishing licences vested exclusively in the Minister of Agriculture under the Fish Act, which as specific legislation overrode the general External Trade Act. The decision was also irrational and procedurally improper, as the applicant held a valid fishing gear importation licence and was not afforded a hearing before the ban was implemented, violating his legitimate expectation. The court declined to issue prerogative writs as the one-year ban had expired, but granted general damages.

Outcome

Declaration of illegality granted; damages awarded; prerogative writs refused as ban had expired

Facts

The applicant held a valid licence from the Ministry of Agriculture to import fishing gears for the period ending 31 December 2017. On 4 April 2017, the Minister of Trade, Industry and Cooperatives issued a press statement banning importation of all fishing gears, allegedly based on a Presidential directive addressing illegal fishing. The Uganda Revenue Authority implemented the ban through an internal memo dated 14 July 2017, directing officers at all entry points not to clear fishing gear imports. The applicant was not consulted before the ban was imposed. The 1st respondent claimed stakeholders were consulted before and after implementation but produced no evidence of invitation to the applicant. The ban was imposed for 12 months and had expired by the time of judgment.

Issues

  1. Whether the application for judicial review was filed out of time.
  2. Whether the decision to ban importation of all fishing nets and related imports in Uganda for 12 months was illegal.
  3. Whether the 1st respondent could revoke the applicant's licence without affording him a hearing.
  4. Whether the applicant had a cause of action in judicial review against the 2nd respondent.
  5. What remedies are available to the parties.

Orders

  • A declaration that the decision of the Minister of Trade, Industry and Cooperatives banning importation of all fishing gears into the country was illegal.
  • General damages of UGX 20,000,000 awarded to the applicant.
  • Application for orders of certiorari, prohibition and injunction dismissed.
  • Application for punitive and exemplary damages dismissed.
  • Costs awarded to the applicant against the 1st respondent only.

Rules and key headnotes

Ultra Vires Doctrine — Specific Legislation Overriding General Legislation
Where a specific statute governs a particular subject matter, it overrides a general statute dealing with the same subject. The Fish Act, being specific legislation for the control of fishing and fish-related activities, overrides the general External Trade Act in matters concerning fishing gear importation licences.
Ultra Vires — Exercise of Power by Wrong Authority
A Minister acts ultra vires when exercising powers vested by statute in a different Minister. The Minister of Trade acted ultra vires by banning fishing gear imports when the power to regulate fishing licences was vested exclusively in the Minister of Agriculture under the Fish Act.
Irrationality in Administrative Decision-Making
An administrative decision is irrational when no reasonable authority, addressing itself to the facts and law, would have made such a decision. A blanket ban on all fishing gear imports without distinguishing prohibited from lawful fishing equipment is irrational and unreasonable.
Legitimate Expectation — Right to be Heard
A licence holder has a legitimate expectation of being heard before a decision is made to revoke or render ineffective a validly issued licence. Where a public authority's decision abruptly changes policy and substantively affects an individual holding a valid licence, procedural fairness requires that the individual be afforded a hearing.
Legitimate Expectation — Elements
For a legitimate expectation to be effective, the promise or representation giving rise to the expectation must be clear, unambiguous and unqualified. A licence issued for a specified period creates a legitimate expectation that the licence holder will be permitted to conduct the licensed activity for that period absent proper grounds and procedure for revocation.
Discretionary Nature of Remedies
The grant of judicial review remedies is discretionary. Even where an applicant establishes grounds of illegality, irrationality or procedural impropriety, the court may decline to issue prerogative writs if the impugned decision has expired and granting relief would serve no useful purpose, though declaratory relief may still be appropriate.
General Damages — Burden of Proof
An applicant claiming damages must prove the loss suffered. It is insufficient to plead particulars of loss without adducing evidence to substantiate the claim. Where an applicant establishes unlawful revocation of a licence but provides no specific evidence of quantum of loss, the court may award damages based on the fact of licence revocation and policy change to the applicant's detriment.

Legislation cited (8)

Cases cited (13)

  • John Jet Tumwebaze v Makerere University Council and 2 Others (Miscellaneous Cause No. 353 of 2005)
  • DOTT Services Ltd v Attorney General (Miscellaneous Cause No. 125 of 2009)
  • Balondemu David v The Law Development Centre (Miscellaneous Cause No. 61 of 2016)
  • R v lord President of the Privy Council, ex parte Page [1993] AC 682
  • Council of Civil Unions Vs Minister of the Civil Service [1985] AC 374
  • Twinomuhangi vs Kabale District and others [2006] HCB130
  • Schmidt vs Secretary of State for Home Affairs [1969] 1 All ER 904
  • AG of Hong Kong vs Ng Yuen Shiu [1983] 2 All ER 346
  • World Point Group Ltd v Attorney General and URA (High Court Civil Suit No. 227 of 2013)
  • R vs Aston University Senate ex p Roffey [1969] 2 QB 558
  • R vs Secretary of State for Health ex p Furneaux [1994] 2 All ER 652
  • Bendicto Musisi v Attorney General (High Court Civil Suit No. 622 of 1989)
  • Rosemary Nalwadda v Uganda Aids Commission (High Court Civil Suit No. 67 of 2011)

Full judgment

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

Haj Kaala Ibrahim v Attorney General and Another (Miscellaneous Cause No. 23 of 2017) [2018] UGHCCD 253 (16 August 2018)
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.