Tumuhimbise Hellen Hannah v Uganda Civil Aviation Authority (Miscellaneous Application 1033 of 2025)
Observed later treatment
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Holding
The High Court granted an interim order restraining Uganda Civil Aviation Authority from suspending or interdicting the applicant's services and from investigating matters already before court. The court found exceptional circumstances warranting ex parte relief where the employer suspended an employee based on allegations relating to a prior termination that was subject to pending litigation, and where the Board proceeded despite the sub judice rule.
Outcome
Interim order granted restraining suspension and investigation pending disposal of main judicial review application
Facts
The applicant was employed by Uganda Civil Aviation Authority as Principal Procurement Officer and promoted to Acting Manager Procurement, confirmed in March 2025. Following a whistleblower complaint, the line Minister directed the Chairman of the Board of Directors to investigate allegations against the applicant. The Board Chairman immediately convened a meeting and instructed the Acting Director General to suspend the applicant's services, which was not among the Minister's directives. The allegations related to the applicant's termination by a former employer, circumstances which were the subject of pending court proceedings. The applicant sought judicial review and applied ex parte for an interim order to restrain the suspension and investigation.
Issues
- Whether exceptional circumstances existed to warrant hearing an ex parte application for an interim order.
- Whether the respondent's suspension of the applicant's services pending investigation was illegal, irregular, irrational and ultra vires.
- Whether the respondent's investigation into matters already before court violated the rule of sub judice.
Orders
- An interim order doth issues against the respondent restraining it and/or its agents/employees/servants/laborers/workers or anyone claiming title under or deriving its authority from it from illegally, irregularly, irrationally and ultra vires halting, suspending, and/or interdicting the services of the applicant and/or causing investigations in matters that are before court until the final disposal of the main head suit.
Rules and key headnotes
Legislation cited (2)
- Judicature Act Cap 15
- Judicature (Judicial Review) Rules 2009
Cases citing this judgment (1)
How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.