Wakilii

Prof. Moses Joloba v Makerere University and Another (Miscellaneous Cause 375 of 2020)

High Court · [2026] UGHCCD 129 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review challenging appointment process for Principal of College of Health Sciences
Decision
Application for judicial review dismissed for failure to exhaust internal remedies and for seeking determination of private rights outside the scope of judicial review

Observed later treatment

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Holding

The High Court dismissed an application for judicial review challenging the appointment of a university principal. The court held that the application was premature because the applicant failed to exhaust internal remedies by not appealing to the university staff tribunal as required by the Universities and Other Tertiary Institutions Act s.57. The court further held that judicial review was inappropriate because the application sought determination of private rights regarding who was fit for appointment, which falls outside the supervisory jurisdiction of judicial review that concerns the decision-making process rather than the merits of decisions.

Outcome

Application for judicial review dismissed for failure to exhaust internal remedies and for seeking determination of private rights outside the scope of judicial review

Facts

Prof. Moses Joloba, Dean of Makerere University's College of Health Sciences since 2004, applied for the position of Principal of the College following a job advertisement in September 2019. He was shortlisted and interviewed in January 2020. In July 2020, he learned through a widely circulated Council document that he had been eliminated from consideration due to integrity concerns. On 10 December 2020, Prof. Damalie Nakanjako was appointed as Principal. The Search Committee had declined to recommend Joloba despite an IGG report clearing him of criminal conduct, citing concerns about integrity based on findings that he had irregularly transferred university laboratory equipment and entered into a private consultancy arrangement that conflicted with his official duties. Joloba complained to the University Secretary but received no remedy. He then filed for judicial review on 15 December 2020, seeking to quash the appointment and have a new search process conducted.

Issues

  1. Whether this application is amenable to judicial review.
  2. What are the remedies available.

Orders

  • Application dismissed.
  • Costs awarded to the Respondents.

Rules and key headnotes

Judicial Review — Exhaustion of Remedies — Requirement to Exhaust Statutory Appeal Mechanisms
Where Parliament has provided statutory appeal procedures, an application for judicial review is premature if the applicant has not exhausted those remedies. Under the Universities and Other Tertiary Institutions Act s.57, a member of university staff must first appeal to the university staff tribunal before seeking judicial review of employment-related decisions.
Judicial Review — Scope of Jurisdiction — Supervisory Not Appellate Function
Judicial review is concerned with the decision-making process, not with the merits or correctness of the decision. The court's jurisdiction is exercised in a supervisory manner to ensure that public powers are exercised in accordance with basic standards of legality, fairness and rationality, not to vindicate private rights of parties or determine who was the better candidate for appointment.
Administrative Law — University Appointments — Statutory Framework for Principal Appointments
The appointment of a principal of a constituent college of Makerere University follows a statutory process under the Universities and Other Tertiary Institutions Act and the Management of Constituent Colleges Statute: a search committee identifies five suitable candidates and forwards them to Senate; Senate selects three and forwards them to University Council; Council recommends one to the Chancellor for appointment.
Judicial Review — Time Limits — Three-Month Rule
An application for judicial review must be made promptly and in any event within three months from the date when the grounds of the application first arose, unless the court considers there is good reason for extending the period.

Legislation cited (16)

  • Judicature Act (Judicial Review) Rules S.I. No. 11 of 2009
  • Judicature (Judicial Review) (Amendment) Rules 2019 Rule 3
  • Judicature (Judicial Review) Rules 2009 Rule 5(1)
  • Judicature (Judicial Review) Rules 2009 Rule 7A(1)
  • Universities and Other Tertiary Institutions Act Cap 262 s.29(2)(a)
  • Universities and Other Tertiary Institutions Act s.50(1)
  • Universities and Other Tertiary Institutions Act s.50(3)
  • Universities and Other Tertiary Institutions Act s.57(1)
  • Universities and Other Tertiary Institutions Act s.57(3)
  • Universities and Other Tertiary Institutions (Management of Constituent Colleges of Makerere University) Statute 2012 para.12
  • Universities and Other Tertiary Institutions (Management of Constituent Colleges of Makerere University) Statute 2012 para.13
  • Universities and Other Tertiary Institutions (Management of Constituent Colleges of Makerere University) Statute 2012 s.13(2)
  • Universities and Other Tertiary Institutions (Management of Constituent Colleges of Makerere University) Statute 2012 s.13(3)
  • Employment Act 2006
  • Makerere University Human Resource Manual s.5.1(g)
  • Judicature (Electronic Filing, Service and Virtual Proceedings) Rules 2025

Cases cited (5)

  • Fuelex Uganda Ltd v Attorney General and 2 Others (Miscellaneous Cause No. 48 of 2014)
  • Micro Care Insurance Limited v Uganda Insurance Commission (Miscellaneous Cause No. 218 of 2008)
  • Preston v IRC [1995] 2 All ER 327
  • Dr Peter Okello v Kyambogo University (Miscellaneous Cause No. 23 of 2017)
  • Bwengye v Electoral Commission (Miscellaneous Cause No. 352 of 2021)

Full judgment

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

Prof. Moses Joloba v Makerere University and Another (Miscellaneous Cause 375 of 2020) [2026] UGHCCD 129 (20 April 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.