Kaddunabbi Ibrahim Lubega v Insurance Regulatory Authority Of Uganda and Another (Miscellaneous Application No. 423 of 2026)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted an interim injunction halting the process of substantially filling the position of Chief Executive Officer of the Insurance Regulatory Authority pending determination of the substantive application. The court held that while the applicant's contract had expired, the appointment process was incomplete as the Minister had not yet acted on the Board's recommendation. The applicant's right to a fair process required protection to prevent the main application from being rendered nugatory.
Outcome
Interim injunction granted halting the process of filling the CEO position pending determination of the substantive application
Facts
The applicant, Kaddunabbi Ibrahim Lubega, served as Chief Executive Officer of the Insurance Regulatory Authority on a five-year contract from 1 June 2021 to 31 May 2026. He was eligible for reappointment to a second term. On 16 February 2026, the Board declined to recommend him for reappointment without affording him a hearing. An administrative interim order was issued on 29 May 2026 restraining implementation of the Board's decision. The applicant's contract expired on 31 May 2026. On 1 June 2026, the Permanent Secretary appointed an Acting Chief Executive Officer, and the Board Chairperson directed the Acting CEO to take over. The applicant challenged these actions, arguing the appointment process was incomplete as the Minister had not yet acted on the Board's recommendation under section 20 of the Insurance Act.
Issues
- Whether the 1st respondent is in contempt of the Court's administrative order dated 29 May 2026.
- Whether the application for an interim injunction is meritorious for its grant.
- Whether the application has been overtaken by events.
- Whether there remains a status quo capable of preservation.
Orders
- An order of interim injunction is hereby issued halting the process of substantially filling the position of Chief Executive Officer of the 1st respondent until the determination of the substantive application.
- The substantive application vide Misc. Application No. 0421 of 2026 and the main application vide Misc. Cause No. 0131 of 2026 will come up for hearing on 30 June 2026 at 02:00 pm.
- Costs to abide outcome of the cause.
Rules and key headnotes
Legislation cited (9)
- Judicature Act Cap 16 s.37
- Civil Procedure Act Cap 282 s.98
- Civil Procedure Rules SI 71-1 Order 52 Rules 1, 2 & 3
- Constitution of Uganda 1995 Article 28
- Constitution of Uganda 1995 Article 42
- Constitution of Uganda 1995 Article 44
- Insurance Act Cap 191 s.20
- Insurance Act Cap 191 s.21
- Insurance Act Cap 191 s.145
Cases cited (20)
- Kemirembe Sarah v National Housing and Construction Company Limited (Court of Appeal Civil Application No. 638 of 2022)
- Housing Finance Bank Limited v Edward Musisi (Court of Appeal Miscellaneous Application No. 158 of 2010)
- Francis Drake Lubega v Attorney General and 2 Others (Supreme Court Miscellaneous Application No. 13 of 2015)
- Florence Dawaru v Agumale Albino and Others (Miscellaneous Application No. 6 of 2016)
- Caroline Turyatemba and Others v Attorney General and Others (Constitutional Petition No. 15 of 2006)
- Souna Cosmetics Ltd v Commissioner Customs URA (Miscellaneous Application No. 424 of 2011)
- Hadkinson Vs Hadkinson [1952] P 285, [1952] 2 All ER 567, CA
- Musisi and Another v Namugenyi Margaret (Court of Appeal Civil Application No. 19 of 2011)
- Corcoran v Corcoran [1950] 1 All ER 495
- Jingo Mukasa v Hope Rwaguma (Court of Appeal Civil Appeal No. 190 of 2015)
- Clarke Vs Heathfield [1985] ICR 203, CA
- Isaac Kimezze Ssemakadde v Mugisha Hashim Mugisha (Miscellaneous Application No. 137 of 2025)
- Florence Dawaru v Angumale Albino and Another (High Court Miscellaneous Application No. 96 of 2016)
- Bin-It Services Limited v Kampala Capital City Authority and Another (Miscellaneous Application No. 593 of 2019)
- Uganda People's Congress and Hon. Jimmy James Michael Akena v Electoral Commission (Miscellaneous Application No. 824 of 2025)
- Wilson Mukiibi Vs James Semusambwa Supra
- Alcon International Ltd v The New Vision Printing and Publishing Co. Ltd and Another (Supreme Court Civil Appeal No. 4 of 2010)
- Hwang Sung Industries v Tajdin Hussein (Supreme Court Civil Appeal No. 19 of 2008)
- Eastern Cargolines Consults Limited and Another v Rjf International (Pty) Limited and 3 Others (Miscellaneous Application No. 611 of 2012)
- Barugahare v Makerere University and Another (Consolidated Miscellaneous Application Nos. 678 of 2020 and 77 of 2021)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.