By Evarist Baimu Nyaga Mawalla - Home

held that the decision by the Management of termination from employment of theplaintiff would stand.After that the plaintiff filed misc. Civil Cause No. 2.of 1989 applying for leave toapply for orders of cultiorari and mandamus. He wanted the High Court if quashthe decision of the Minister for labour and order him to hear the appeal of Ms onmerits. That application for leave was refused by masaneto Judge on the groundthat prerogative orders are not to be invoked who there is a contractualrelationship between the applicant and the respondent. The learned judge statedthat, that was in accordance with the decision of the Vrs, Frederick Kibwana: CivilAppeal No. 1 of 1987 (unreported). Undaunted, the plainfitt filed this smits.Before this suit came for hearing, counsel for the defendant. Company Miss.Mutabazi raised a preliminary objection to the effect that this court had nojurisdiction to hear this case.Sshe arguard that the jurisdiction of this court had been ousted by s.27(1), thesecurity of employment Act Cap. 574. The preliminary objection was upheld, andI held that this court has no jurisdiction because the decision of the Minister couldonly be challenged by mean of prerogative orders of certiorari and mandamus. Isaid that it was imprint to file an ordinary Civil suit to challenge the decision of theMinister. Later the plaintiff file on application for review on the ground that isdecision was give per incuriam.616