Wakilii

Makuza v Civil Aviation Authority & Anor (MISCELLANEOUS CAUSE No. 205 OF 2017)

High Court · [2017] UGHCCD 194 · 2017 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review of ministerial decision terminating applicant's employment as Managing Director
Decision
Application struck out on preliminary objection

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court struck out the application on preliminary objection. First, the applicant had no cause of action against the 1st respondent (Civil Aviation Authority) as it did not make the impugned decision — the Minister did. Second, the matter was not amenable to judicial review because the applicant's claims were essentially for breach of employment contract requiring extensive evidence and proof of damages, which should be brought under the Employment Act by ordinary plaint, not judicial review.

Outcome

Application struck out on preliminary objection

Facts

The applicant, Dr. Wenceslaus Rama Makuza, was the Managing Director of the 1st respondent, Civil Aviation Authority. His contract was terminated by the Minister of Works and Transport pursuant to section 146(6) of the Civil Aviation Authority Act, which provides that the Minister may, after consultation with the board, terminate the appointment of the Managing Director. The applicant filed an application for judicial review challenging the termination as illegal, ultravires, null and void. He sought various declarations and claimed general damages, aggravated damages, and costs. Both respondents raised preliminary objections.

Issues

  1. Whether the applicant has a cause of action against the 1st respondent.
  2. Whether this is a proper case for judicial review.

Orders

  • Application against the 1st respondent struck out with costs.
  • Application as a whole struck out with no order as to costs.

Rules and key headnotes

Cause of Action — Proper Respondent — Decision-Maker Must Be Sued
Where a decision is made by a specified decision-maker (the Minister), an application for judicial review has no cause of action against a party who did not make the decision but was merely consulted in the decision-making process.
Scope and Availability — Employment Disputes — Alternative Remedies
Judicial review is not the appropriate remedy for employment disputes requiring extensive evidence and proof of damages arising from alleged breach of employment contract. Such matters should be brought under the Employment Act by ordinary plaint. Judicial review is a remedy of last resort and is only appropriate where alternative remedies do not exist or where it is more convenient, beneficial, and efficacious.
Statutory Decision-Making — Consultation Does Not Create Joint Decision-Maker
Consultation with a board or other body prior to making a decision does not make the consulted party a joint decision-maker or create a cause of action against them. The decision remains that of the statutory decision-maker alone.

Legislation cited (1)

Cases cited (2)

  • Catherine Amal v Equal Opportunities Commission (Miscellaneous Cause No. 233 of 2016)
  • Machacha Livingstone & Anor Vs Law Development Centre

Full judgment

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

Makuza v Civil Aviation Authority & Anor (MISCELLANEOUS CAUSE No. 205 OF 2017) [2017] UGHCCD 194 (21 December 2017)
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.