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Makerere University v Makerere University Staff Appeals Tribunal and Another (Miscellaneous Cause No. 193 of 2024)

High Court · [2025] UGHCCD 123 · 2025 Judicial Review Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review under Article 50, 23 and 42(c) of the Constitution, seeking to quash the Staff Appeals Tribunal's decision ordering the promotion of the 2nd Respondent to Professor
Decision
Application for judicial review granted. The Staff Appeals Tribunal's ruling dated 17 July 2024 ordering promotion of the 2nd Respondent to Professor and payment of salary arrears quashed.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted judicial review and quashed the Staff Appeals Tribunal's decision ordering Makerere University to promote Dr. Nabukenya to Professor. The court held that the Tribunal acted illegally by: entertaining an appeal filed out of time without proper procedure; exceeding the statutory 45-day timeline for delivering its ruling; usurping the Appointments Board's exclusive power to promote staff; and awarding salary arrears contrary to its own procedural rules.

Outcome

Application for judicial review granted. The Staff Appeals Tribunal's ruling dated 17 July 2024 ordering promotion of the 2nd Respondent to Professor and payment of salary arrears quashed.

Facts

Dr. Josephine Nabukenya applied to Makerere University's Appointments Board for promotion to Professor on 22 December 2020. The Internal Vetting Committee found her publications did not meet the required standard, and the Appointments Board declined to promote her on 11 April 2022. Dr. Nabukenya applied to the Staff Appeals Tribunal for extension of time to appeal. The Tribunal granted the extension in May 2022, but she only filed her appeal on 24 February 2023, nine months after the extension was granted. The Tribunal delivered its ruling on 17 July 2024, after one year and five months, ordering the University to promote Dr. Nabukenya to Professor retrospectively and pay salary arrears. The University applied for judicial review on 26 September 2024, arguing the Tribunal's decision was illegal, irrational and procedurally improper.

Issues

  1. Whether the application for judicial review is properly before court.
  2. Whether the decision of the Staff Appeals Tribunal is tainted with illegality, irrationality and procedural impropriety.
  3. What remedies are available to the parties.

Orders

  • An Order of Certiorari doth issue quashing the ruling and orders of the 1st Respondent dated 17th day of July 2024 in which the 1st Respondent ordered for the promotion of the 2nd respondent into the service of the applicant and payment of salary arrears.
  • No orders as to costs.

Rules and key headnotes

Judicial Review — Locus Standi — Right of Public Bodies to Seek Review
A public institution has standing to apply for judicial review of an administrative decision affecting it under Article 42 of the Constitution, notwithstanding that the specific enabling statute may provide for review only by staff members. The right to judicial review cannot be enjoyed by one party but denied to another, as that would amount to discriminatory application of the law.
Judicial Review — Time Limits — Application of General vs Specific Statutory Provisions
Where a party's right to apply for judicial review arises not from a specific statute but from general provisions under Article 42 of the Constitution and the Judicature Act, the three-month time limit under Rule 5(1) of the Judicature (Judicial Review) Rules applies, not any shorter time limit in the specific statute.
Judicial Review — Illegality — Entertaining Appeals Filed Out of Time
Where an administrative tribunal grants leave to file an appeal out of time but the appellant then delays a further eight months before filing, the tribunal acts illegally and irregularly by entertaining such an appeal, as the delay amounts to dilatory conduct.
Statutory Interpretation — Time Limits — Substantive Law vs Technicality
Time limits set by legislation are matters of substantive law and not mere technicalities. Where a statute requires an administrative tribunal to deliver its decision within 45 days, failure to comply constitutes illegality. The tribunal's duty is to ensure strict adherence to timelines, and delays by parties in filing submissions do not justify the tribunal's own breach of the statutory deadline.
Judicial Review — Ultra Vires — Usurpation of Statutory Powers
Where statute vests the power to appoint, promote and dismiss university staff exclusively in an Appointments Board, an appellate tribunal exceeds its jurisdiction and acts ultra vires when it orders the promotion of staff. The tribunal's appellate powers to confirm, vary, amend or set aside decisions must be exercised within the context of an appellate function and cannot usurp the statutory powers of the decision-making organ.
University Employment — Academic Promotion — Institutional Autonomy
The power to appoint, promote and dismiss staff at a university lies with the Appointments Board as an organ of university administration. Allowing an appellate tribunal to usurp these powers and order promotions would lead to confusion and chaos and stifle the smooth running and management of the university.
Judicial Review — Illegality — Award of Damages Contrary to Procedural Rules
Where procedural rules expressly prohibit an administrative tribunal from awarding costs or damages to parties, an order requiring payment of salary arrears for a promotion not granted constitutes an illegal award of special damages and is irrational, as it requires payment for services never rendered.

Legislation cited (24)

Cases cited (6)

  • Makerere University v Staff Appeal Tribunal and Dr. Malowo Davis Ndayi (High Court Miscellaneous Cause No. 285 of 2023)
  • Catherine Konabahila v Makerere University and 2 Others (High Court Miscellaneous Cause No. 92 of 2014)
  • Uganda v Kasiano Wadri and Others (High Court Criminal Revision No. 002 of 2018)
  • Mujib and Others v Attorney General (High Court Civil Suit No. 160 of 2014)
  • Uganda Revenue Authority v Uganda Consolidated Properties Ltd (Court of Appeal Civil Appeal No. 31 of 2000)
  • Re Application by Mustapha Romadhan (Court of Appeal Civil Appeal No. 25 of 1996)

Full judgment

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

Makerere University v Makerere University Staff Appeals Tribunal and Another (Miscellaneous Cause No. 193 of 2024) [2025] UGHCCD 123 (4 March 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.