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Makerere University v Makerere University Staff Tribunal and Others (Miscellaneous Cause No. 117 of 2024)

High Court · [2026] UGHCCD 27 · 2026 Judicial Review Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review of a university staff tribunal decision awarding damages for denial of post-retirement contracts
Decision
Tribunal's ruling and orders quashed; prohibition issued against enforcement; mandamus issued directing compliance with statutory duties

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that Makerere University had locus standi to seek judicial review of the Staff Tribunal's decision. The Tribunal acted ultra vires by entertaining appeals from retired staff who were no longer members of staff, by awarding general damages contrary to its own rules prohibiting such awards, and by exceeding statutory timelines. Post-retirement contracts are discretionary, not entitlements. The Tribunal's ruling and orders were quashed.

Outcome

Tribunal's ruling and orders quashed; prohibition issued against enforcement; mandamus issued directing compliance with statutory duties

Facts

Two associate professors at Makerere University reached mandatory retirement age and applied for post-retirement contracts. The Appointments Board declined their applications. The professors appealed to the University Staff Tribunal, which set aside the Board's decision and awarded general damages of UGX 60,000,000 and UGX 100,000,000 respectively. The University sought judicial review, arguing the Tribunal lacked jurisdiction because the professors were no longer staff members at the time of appeal, the Tribunal exceeded statutory timelines, and it had no power to award damages under its own rules.

Issues

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

Orders

  • An Order of Certiorari doth issue quashing the ruling and orders of the 1st Respondent in Staff Appeal No. 19 of 2019 and No. 06 of 2021.
  • An Order of Prohibition doth issue prohibiting the 2nd and 3rd Respondents and all those claiming under them from enforcing the 1st Respondent's orders in Staff Appeal No. 19 of 2019 and No. 06 of 2021.
  • An Order of Mandamus doth issue directing the 1st Respondent to comply with its statutory duty to conduct its affairs in accordance with the Universities and Other Tertiary Institutions Act 2001 and the Makerere University Staff Tribunal Rules of Procedure.
  • Each party shall bear its own costs.

Rules and key headnotes

Judicial Review — Locus Standi — Public Universities
A public university has locus standi to seek judicial review of decisions made by its internal administrative tribunals where those decisions directly affect the university, notwithstanding that the enabling statute provides for appeals by aggrieved staff members.
Judicial Review — Grounds — Illegality — Jurisdiction of University Staff Tribunals
A university staff tribunal established under statute to hear appeals by members of staff lacks jurisdiction to entertain appeals from persons whose employment contracts have terminated by retirement, as such persons are no longer members of staff within the meaning of the enabling legislation.
Post-Retirement Contracts — Discretion — No Entitlement
Post-retirement employment contracts remain discretionary even where an institution's human resource manual provides for consideration of such contracts. Meeting eligibility criteria does not create an automatic entitlement or bind the appointments authority to grant the contract.
Tribunals — Powers — Ultra Vires — Award of Damages
University staff tribunals lack legal authority to award general damages unless expressly empowered by statute. Where tribunal rules specifically prohibit the award of costs and damages, any such award is ultra vires and a nullity.
Judicial Review — Grounds — Irrationality — Public Funding Protocols
It is irrational for an administrative tribunal to order a public entity to make payments outside its budget cycle, as this would disrupt the entity's activities and defeat the public good for which it was established.
Specific Statute and General Provisions — Constitutional Right to Judicial Review
The constitutional right to judicial review under Article 42 and the Judicature (Judicial Review) Rules apply to decisions of administrative bodies exercising quasi-judicial functions, notwithstanding that a specific statute governing the body provides for appeals by certain categories of persons. The specific statute does not exclude other affected parties from seeking judicial review.

Legislation cited (22)

Cases cited (11)

  • Male H. Mabirizi Kiwanuka v Attorney General (Miscellaneous Cause No. 104 of 2021)
  • Babcon Uganda Ltd v Mbale Resort Hotel Ltd (Supreme Court Civil Appeal No. 06 of 2016)
  • Byaruhanga John Patrick v Commissioner Land Registration (Miscellaneous Application No. 235 of 2024)
  • Pastoli v Kabale District Government Council and Others [2008] 2 EA 300
  • Kimera Uthman Walugembe v Commissioner For Land Registration (High Court Civil Case No. 0069 of 2025)
  • Mugasa Grace Adyeri v The Commissioner Land Registration (Miscellaneous Cause No. 257 of 2023)
  • Lam-Lagoro James v Muni University (Miscellaneous Cause No. 0007 of 2016)
  • Real Task Agencies Limited v Uganda Revenue Authority and 2 Others (Miscellaneous Cause No. 069 of 2023)
  • Uganda Association of Consulting Engineers Ltd v The Prime Minister of Uganda and 2 Others (Miscellaneous Cause No. 182 of 2024)
  • Kikomeko Wilson v Security Group (Labour Dispute Reference No. 254 of 2019)
  • Nyanzi v Makerere University (Court of Appeal, 2019)

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 Tribunal and Others (Miscellaneous Cause No. 117 of 2024) [2026] UGHCCD 27 (22 January 2026)
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.