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Kanyesigye & Another v Uganda National Students Association & 2 Others (Miscellaneous Cause 274 of 2023)

High Court · [2024] UGHCCD 78 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking declarations and orders of certiorari, prohibition, and mandamus regarding suspension from elected offices
Decision
Application dismissed for failure to exhaust internal remedies

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An application for judicial review is incompetent where the applicants have not exhausted existing internal remedies. Where a constitution or statute provides a dispute resolution mechanism, applicants must pursue that remedy before seeking judicial review. Applicants who refuse to attend scheduled disciplinary hearings and instead file for judicial review without exhausting internal remedies cannot invoke the court's jurisdiction.

Outcome

Application dismissed for failure to exhaust internal remedies

Facts

The applicants were elected Speaker and Deputy Speaker of the Uganda National Students Association. On 24 October 2023, the first applicant notified the second respondent of his intention to call a council meeting on 11 November 2023. On 3 November 2023, the second respondent called an emergency meeting where the applicants were suspended. On 13 November 2023, the third respondent confirmed the suspension and announced the appointment of interim office holders. The applicants were summoned to appear before the association's Dispute Resolution, Disciplinary and Arbitration Committee on 15 November 2023 but refused to attend. They were again asked on 27 November 2023 to suggest convenient dates for a hearing but refused. On 28 November 2023, they filed this application for judicial review.

Issues

  1. Whether the applicants exhausted existing internal remedies before bringing the application for judicial review.
  2. Whether the application for judicial review was competent in circumstances where the respondent's constitution provided for dispute resolution mechanisms.

Orders

  • Preliminary objection No. 1 upheld.
  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Judicial Review — Exhaustion of Remedies — Requirement to Pursue Internal Dispute Resolution Mechanisms
An application for judicial review is incompetent where an applicant has not exhausted existing internal remedies available within the relevant body or under the law, particularly where the body's constitution provides for dispute resolution, disciplinary, and arbitration mechanisms.
Administrative Law — Alternative Remedies — Statutory and Constitutional Dispute Resolution Mechanisms
Where a constitution or statute provides a specific remedy for the redress of a particular grievance, that procedure must be strictly followed before a party may resort to judicial review. Courts must exercise restraint and give an opportunity to relevant bodies to deal with disputes as provided in the relevant constitutional or statutory framework.
Judicial Review — Refusal to Participate in Internal Proceedings — Effect on Competence of Application
An applicant who is summoned to appear before an internal dispute resolution body but adamantly refuses to attend and instead files for judicial review cannot be heard to complain that internal remedies are inadequate or that they have been denied fair treatment. Such an applicant frustrates the internal process and renders the application for judicial review incompetent.

Legislation cited (19)

Cases cited (6)

  • Assoc. Prof. Jude Ssempebwa & Another v Makerere University & Another (HCMA No. 021 of 2021)
  • Sewanyana Jimmy v Kampala International University (HCMC No. 207 of 2016)
  • Charles Nsubuga v Eng. Badru Kiggundu & 3 Others (HC MC No. 148 of 2015)
  • Bernard Mulage vs Fineserve Africa Limited & 3 Others Petition No. 503 of 2014
  • Speaker of National Assembly versus Ngenga Karume [2008] 1 KLR 425
  • Leads Insurance Limited v Insurance Regulatory Authority & Another (CACA No. 237 of 2015)

Full judgment

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

Kanyesigye & Another v Uganda National Students Association & 2 Others (Miscellaneous Cause 274 of 2023) [2024] UGHCCD 78 (11 January 2024)
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.