Wakilii

Owere v National Organisation of Trade Unions (NOTU) and 6 Others (Misc Cause 6 of 2023)

High Court · [2023] UGHCCD 208 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking declarations and injunctions regarding the removal of the applicant from office as Chairman General of NOTU
Decision
Application granted. Applicant declared lawful Chairman General of NOTU. Permanent injunction granted restraining respondents from removing applicant or acting on behalf of NOTU. Exemplary damages awarded.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the application for judicial review, declaring that the meetings held on 15 November 2022 and 9 January 2023 which purported to remove the applicant from office as Chairman General of NOTU were illegal, procedurally improper, and irrational. The meetings violated the NOTU Constitution, lacked proper convening authority, breached natural justice principles, and were tainted by bias and an improper memorandum of understanding. The court declared the removal void, reinstated the applicant as lawful Chairman General, issued a permanent injunction against the respondents, and awarded exemplary damages of UGX 30,000,000 against respondents 2-7.

Outcome

Application granted. Applicant declared lawful Chairman General of NOTU. Permanent injunction granted restraining respondents from removing applicant or acting on behalf of NOTU. Exemplary damages awarded.

Facts

The applicant was Chairman General of the National Organisation of Trade Unions (NOTU). On 15 November 2022, respondents held an Extra Ordinary General Council meeting at which they purported to remove the applicant from office and elected respondents 3-6 as acting office bearers. The Registrar of Labour Unions rejected these actions and advised that the meeting was illegally convened. A consultative meeting was held on 22 December 2022 at the Ministry of Gender, Labour and Social Development, which resolved that the November meeting should be disregarded and that the applicant should be summoned before a General Council meeting on 9 January 2023 to answer allegations of misconduct. Prior to the January 2023 meeting, respondents entered into a memorandum of understanding allocating offices among themselves. The applicant contended both meetings violated the NOTU Constitution, as the November meeting was not provided for in the constitution, and the January meeting was not properly convened by the Executive Committee as required under Article 7(4). The applicant sought judicial review on grounds of illegality, irrationality, and procedural impropriety.

Issues

  1. Whether the application discloses sufficient grounds to warrant the orders sought under judicial review.
  2. Whether the applicant is entitled to the remedies sought.

Orders

  • A declaration doth issue that the purported Extra Ordinary General Council meeting held on 15th November 2022 and its resolutions therein are illegal and ultra vires.
  • A declaration doth issue that the purported petition against the applicant dated October 25, 2022 was incompetent, illegal and ultra vires the Labor Unions Act 2006 and the NOTU constitution.
  • A declaration doth issue that the purported removal of the applicant from the office of Chairman General of NOTU was unfair, unjust, malicious, irrational and illegal and contravenes the principle of fair hearing and natural justice.
  • A declaration doth issue that the purported election of the 3rd, 4th, 5th and 6th respondents respectively as acting Chairman General, acting Secretary General, acting Treasurer General and acting Treasurer of NOTU at the unlawful meeting of November 15, 2022 was illegal, irrational and null and void.
  • A declaration doth issue that the applicant is the lawful Chairman General of NOTU.
  • A declaration doth issue that the purported meeting of NOTU General Council scheduled for 9th January 2023 is null and void.
  • A declaration doth issue that the 7th respondent has no locus nor mandate to convene meetings for NOTU organs.
  • A permanent injunction doth issue restraining the respondents and their agents from suspending and or removing the applicant from the office of Chairman General of NOTU or carrying out any activities for and on behalf of the 1st respondent.
  • Exemplary damages of UGX 30,000,000 awarded against respondents 2-7, with each respondent paying UGX 5,000,000.
  • Costs of the application awarded to the applicant.

Rules and key headnotes

Judicial Review — Grounds for Review — Illegality, Irrationality, and Procedural Impropriety
Applications for judicial review are directed at the legality, reasonableness, and fairness of the procedures employed and actions taken by public decision-makers. Illegality means the decision-maker must understand correctly the law that regulates the decision-making power and give effect to it. Irrationality means particularly extreme behaviour such as acting in bad faith or taking a decision so outrageous in its defiance of logic that no sensible person could have arrived at it. Procedural impropriety encompasses the need to comply with adopted rules for the decision-making process, the common law requirement of fair hearing, the requirement that the decision is made without an appearance of bias, and the requirement to comply with any procedural legitimate expectations.
Illegality — Ultra Vires Acts — Decisions Made Outside Constituted Authority
An organisation can only do things authorised by law and its constitution. A meeting called outside the constitution is not within the jurisdiction of the organisation and is illegal and baseless. Where a decision-making body convenes a meeting not sanctioned by its constitution, any resolutions made at such meeting are void ab initio.
Procedural Impropriety — Natural Justice — Right to Fair Hearing
A body with power to lawfully decide cannot unlawfully proceed to remove a person from office without affording that person a proper opportunity to state his or her case. The removal of an office bearer must follow the rules of fairness and natural justice.
Irrationality — Bias and Improper Purposes — Decisions Tainted by Conflict of Interest
A decision is irrational and void where the movers of the decision stand to benefit from new positions following the decision, evidencing bias and an improper purpose. A memorandum of understanding allocating offices among conspirators prior to a decision meeting demonstrates that the decision was rehearsed with the clear intention of removing the affected party, tainting the proceedings with irrationality.
Ministerial Powers — Limits on Executive Interference — Constitutional Organs
A Minister has no power under the Labour Unions Act to cause a consultative meeting that leads to the calling of an organ of a trade union. Trade union meetings are held in accordance with the union's constitution and not at the direction of a Minister or any other person in a government ministry.
Remedies — Exemplary Damages — Principles for Award
Exemplary damages should not be used to enrich the applicant but to punish the respondents and deter them from repeating unlawful conduct. An award of exemplary damages should not be excessive and the punishment imposed must not exceed what would likely have been imposed in criminal proceedings if the conduct were criminal. Exemplary damages serve both as a punitive measure and as a deterrent to the commission of similar acts in the future.

Legislation cited (6)

Cases cited (4)

  • Council for Civil Service Unions v Minister of Civil Service [1985] AC 374
  • Ssenyimba Vincent and 2 Others v Birikade Peter (Misc App No. 378 of 2018)
  • Ugafin Limited v Beatrice Kiwanuka (Misc App No. 682 of 2014)
  • Obongo v Municipal Council of Kisumu [1971] EA 91

Full judgment

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

Owere v National Organisation of Trade Unions (NOTU) and 6 Others (Misc Cause 6 of 2023) [2023] UGHCCD 208 (7 June 2023)
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.