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Jockus Bwambale v Bishop Stuart University (Miscellaneous Cause 27 of 2023)

High Court · [2023] UGHC 198 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review of university decision not to graduate applicant
Decision
Application dismissed on preliminary objection — time bar

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Holding

The High Court dismissed the applicant's judicial review application as time-barred under Rule 5(1) of the Judicature (Judicial Review) Rules 2009. The court held that applications for judicial review must be filed within three months from when the grounds first arose. The decision not to graduate the applicant arose either on 10 March 2023 (when he was informed by phone) or 24 April 2023 (when formally communicated in a meeting), but the application was filed on 4 August 2023, outside the three-month statutory period. The court held that time bar is synonymous with lack of jurisdiction and cannot be waived.

Outcome

Application dismissed on preliminary objection — time bar

Facts

On 17 June 2018, Bishop Stuart University admitted the applicant to the Bachelor of Nursing Science program. Upon completion of the four-year course, the university cleared him for graduation and forwarded his name to the Uganda Nurses and Midwives Council for registration and temporary internship licence. On 24 February 2023, the Council queried the applicant's admission on grounds that his Diploma in Laboratory Science was not a medical lab diploma and he lacked a Principal Pass in Biology at A-Level. Consequently, the university removed the applicant's name from the 18th graduation list in March 2023. The applicant was informed by phone around 10 March 2023 and attended a Top Management meeting on 24 April 2023 where the decision was formally communicated. The university offered to re-enroll him for Bachelor of Science in Public Health for one year. The applicant filed for judicial review on 4 August 2023 seeking orders of certiorari, mandamus, declarations of illegality and irrationality, and damages totalling UGX 150 million.

Issues

  1. Whether the application for judicial review was filed within the statutory time limit prescribed by Rule 5 of the Judicature (Judicial Review) Rules 2009.
  2. Whether this was a proper case for judicial review.
  3. Whether the University Senate and Council's decision not to graduate the applicant constituted illegality, irrationality, procedural impropriety and violated principles of natural justice.

Orders

  • Respondent's preliminary objection upheld.
  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Judicial Review — Time Limits — Computation of Three-Month Period Under Rule 5(1)
An application for judicial review must be filed within three months from the date when the grounds of the application first arose, and the date when grounds first arose is determined by when the applicant became aware of the impugned decision, whether by informal notification or formal communication.
Judicial Review — Time Bar — Effect on Jurisdiction
The issue of time bar in judicial review applications is synonymous with the court lacking jurisdiction, and a court cannot entertain or grant any judicial review remedy where the application is filed outside the statutory three-month period under Rule 5(1) of the Judicature (Judicial Review) Rules 2009.
Administrative Law — Preliminary Objections — Effect of Successful Time Bar Objection
Where a preliminary objection on time bar succeeds in a judicial review application, it wholly disposes of the application and the court need not proceed to determine the substantive merits of the case.

Legislation cited (10)

  • Judicature Act Cap 13 s.36
  • Judicature (Judicial Review) Rules SI No. 5 of 2009 r.3
  • Judicature (Judicial Review) Rules SI No. 5 of 2009 r.5
  • Judicature (Judicial Review) Rules SI No. 5 of 2009 r.6
  • Judicature (Judicial Review) Rules SI No. 5 of 2009 r.7
  • Judicature (Judicial Review) Rules SI No. 5 of 2009 r.7A
  • Judicature (Judicial Review) Rules SI No. 5 of 2009 r.8
  • Universities and Tertiary Institutions Act 2001 s.121
  • Universities and Tertiary Institutions Act 2001 s.123
  • Civil Procedure Act Cap 71 s.98

Cases cited (2)

  • THE RAMGARHIA SIKH SOCIETY LTD & SIKH SOCIETY & 2 OTHERS VS THE RAMGARHIA SIKH EDUCATION SOCIETY & 2 OTHERS HCCS MISC APPLICATION NO.352 OF 2015
  • Obol James Henry and 2 Others v Gulu University and Another (Miscellaneous Cause No. 16 of 2021)

Full judgment

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Jockus Bwambale v Bishop Stuart University (Miscellaneous Cause 27 of 2023) [2023] UGHC 198 (20 December 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.