Wakilii

In Re The Decision of Makerere University Academic Regisrar To Dismiss Byamukama Edson & In Re An Application To Apply for Leave To apply for Extension of time within which to apply for leave to app

High Court · [2008] UGHC 185 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file an application for leave to apply for judicial review of university dismissal decision
Decision
Extension of time granted; applicant to commence judicial review proceedings within one month

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a university dismisses a student for examination malpractice and fails to decide the student's appeal within reasonable time, causing the student to lose two semesters without knowing the outcome, this constitutes inordinate delay raising questions of procedural fairness. Extension of time to pursue judicial review was granted on the basis that justice delayed is justice denied, and a prima facie case existed for certiorari and mandamus to compel the university to decide the appeal.

Outcome

Extension of time granted; applicant to commence judicial review proceedings within one month

Facts

The applicant was a student at Makerere University until 27 June 2007, when the University Academic Registrar informed him he had been dismissed for engaging in examination malpractices. On 2 September 2007, the applicant appealed to the University Senate but received no response. By the time of the application in 2008, the applicant had lost two semesters (equivalent to one academic year) without being informed whether his appeal was successful or unsuccessful. The applicant sought extension of time to pursue judicial review, as the statutory three-month period under the Civil Procedure (Amendment) (Judicial Review) Rules 2003 had expired.

Issues

  1. Whether there is good reason to extend the period within which to apply for leave to apply for judicial review beyond the statutory three-month limit.
  2. Whether the University's failure to decide the applicant's appeal within reasonable time constitutes grounds for judicial review.

Orders

  • Application for extension of time granted.
  • Applicant ordered to commence his action within one month from the date of the ruling.
  • Costs to abide the final determination of the cause.

Rules and key headnotes

Judicial Review — Extension of Time — Good Reason
Under Order 42A Rule 1(5)(1) of the Civil Procedure (Amendment) (Judicial Review) Rules 2003, the court may extend the three-month period for commencing judicial review where there is good reason for the extension.
Natural Justice — Right to Fair Hearing — Delay in Deciding Appeals
Where an administrative body fails to decide an appeal within reasonable time, causing the applicant to suffer prejudice (such as loss of academic time), this constitutes inordinate delay that raises questions of procedural fairness and may justify judicial intervention through certiorari and mandamus.
Judicial Review — Delay — Justice Delayed is Justice Denied
The principle that justice delayed is justice denied applies to administrative proceedings, and where an administrative body's delay in determining an appeal is inordinate, this may constitute sufficient ground for extending time to pursue judicial review and for granting certiorari and mandamus to compel a decision.

Legislation cited (3)

  • Judicature Act s.36
  • Civil Procedure (Amendment) (Judicial Review) Rules 2003 S.I 75-2003 Rule 5(1)
  • Civil Procedure (Amendment) (Judicial Review) Rules 2003 O.42A Rule 1(5)(1)

Cases cited (1)

  • Mulungwa Monica Eunice v Makerere University and 2 Others (Miscellaneous Cause No. 9 of 2008)

Full judgment

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

In Re_ The Decision of Makerere University Academic Regisrar To Dismiss Byamukama Edson & In Re_ An Application To Apply for Leave To apply for Extension of time within which to apply for leave to app
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.