Wakilii

Kaala v Attorney General & Anor (MISCELLANEOUS CAUSE NO.23 OF 2017)

High Court · [2018] UGHCCD 84 · 2018 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review challenging a ministerial decision to ban importation of fishing gears
Decision
Judicial review application partly allowed; declaration of illegality granted; damages awarded; prerogative orders declined as ban period 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 and illegally in banning the importation of fishing gears, as the power to regulate fishing licences was vested solely in the Minister of Agriculture under the Fish Act, which as specific legislation overrides the general External Trade Act. The court further held that the applicant, as holder of a valid licence, had a legitimate expectation to be heard before the ban was implemented, and the failure to afford him a hearing constituted procedural impropriety.

Outcome

Judicial review application partly allowed; declaration of illegality granted; damages awarded; prerogative orders declined as ban period had expired

Facts

The applicant held a valid licence from the Ministry of Agriculture to import fishing gears for one year ending 31 December 2017. On 6 April 2017, the Minister of Trade, Industry and Cooperatives issued a press statement published in New Vision newspaper banning all importation of fishing gears into Uganda for 12 months, citing a Presidential directive on illegal fishing. The Uganda Revenue Authority implemented the ban through an internal memo dated 14 July 2017 and 1 August 2017, directing customs officers not to clear any fishing gears at entry points. The applicant was not consulted or heard before the ban was announced and implemented. The 1st respondent contended that the President had issued a directive to curb illegal fishing and that stakeholders were consulted at meetings, but produced no evidence that the applicant was invited or that the meetings occurred before the ban. The applicant filed for judicial review seeking orders of certiorari, prohibition, injunction, declarations, and damages.

Issues

  1. Whether the application 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 were available to the parties.

Orders

  • Application for judicial review allowed with costs against the 1st respondent only.
  • 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 for revocation of licence and abrupt change of policy.
  • Orders of certiorari, prohibition and injunction declined on grounds that the one-year ban period had expired.
  • Application for punitive and exemplary damages dismissed for lack of evidence.

Rules and key headnotes

Judicial Review — Illegality — Ultra Vires Exercise of Power
Where specific legislation vests regulatory power in a particular minister, a different minister exercising that power acts ultra vires, notwithstanding the existence of general legislation that might appear to confer similar powers. Specific legislation overrides general legislation on the same subject matter.
Principle of Legislative Interpretation — Specific versus General Legislation
The principle of legislative interpretation provides that where there is specific legislation on a subject matter, it overrides general legislation. The Fish Act, being specific legislation for the control of fishing and fish importation, overrides the External Trade Act, which is general legislation on all forms of trade.
Presidential Directives — Ministerial Authority — Scope and Limits
A Presidential directive does not confer on a minister power to act outside the jurisdiction conferred by statute. Ministers cannot hide under Presidential directives to act illegally or irrationally. Where the President directs amendment of legislation to address a policy concern, the proper course is statutory amendment, not extra-statutory executive action.
Judicial Review — Legitimate Expectation — Procedural Fairness
A holder of a valid licence has a legitimate expectation of being heard before the licence is revoked or its benefit substantially affected by a change in policy. The principle of legitimate expectation requires that where a public authority has conferred a right or benefit, it must either respect the expectations arising therefrom or provide compelling reasons why public interest must take priority, but only after affording the affected person a hearing.
Judicial Review — Irrationality — Wednesbury Unreasonableness
A decision is irrational when no reasonable authority, addressing itself to the facts and law before it, would have made such a decision. A blanket ban on importation of all fishing nets and related inputs, including lawful fishing gear, without regard to the regulatory framework distinguishing prohibited from permitted nets, constitutes gross unreasonableness.
Judicial Review — Parties — Implementers of Decisions
It is good practice in judicial review proceedings to join the decision maker with the implementer of the decision and the Attorney General as parties. An implementer of an administrative decision is properly added as a party for effective implementation of any court order, even though the implementer is not the decision maker being challenged.
Judicial Review — Remedies — Discretionary Nature
The grant of judicial review remedies remains discretionary and does not automatically follow from establishing grounds of review. Where the impugned decision was for a fixed period that has expired, the court may decline to issue prerogative orders of certiorari, prohibition or injunction, but may grant declaratory relief to guide future conduct and award damages for loss suffered.

Legislation cited (5)

Cases cited (14)

  • John Jet Tumwebaze v Makerere University Council & 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 Service Unions v Minister for the Civil Service [1985] AC 374
  • Twinomuhangi v Kabale District and others [2006] HCB 130
  • Schmidt v Secretary of State for Home Affairs [1969] 1 All ER 904
  • AG of Hong Kong v Ng Yuen Shiu [1983] 2 All ER 346
  • World Point Group Ltd v AG & URA (High Court Civil Suit No. 227 of 2013)
  • Lukwago Erias v Attorney General (Miscellaneous Cause No. 281 of 2013)
  • R v Aston University Senate ex p Roffey [1969] 2 QB 558
  • R v 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) [1996] 1 KALR 164
  • 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.

Kaala v Attorney General & Anor (MISCELLANEOUS CAUSE NO.23 OF 2017) [2018] UGHCCD 84 (28 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.