Wakilii

Kato v Makerere University (Miscellaneous Cause 184 of 2023)

High Court · [2024] UGHCCD 165 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Miscellaneous cause seeking constitutional remedies for alleged human rights violations arising from assault on university premises
Decision
Application dismissed with costs for abuse of constitutional enforcement procedure and failure to exhaust internal remedies

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Holding

Application dismissed. The court held that the matter was not a proper case for enforcement of human rights under Article 50 of the Constitution. The alleged breach of fundamental rights was ancillary to a substantive tort claim and the applicant failed to exhaust internal university grievance procedures before seeking constitutional remedies. Constitutional enforcement procedures cannot be used to short-circuit established administrative processes or to convert tort claims into human rights actions.

Outcome

Application dismissed with costs for abuse of constitutional enforcement procedure and failure to exhaust internal remedies

Facts

The applicant, Kato Wilson, was a student at Makerere University pursuing a Bachelor of Arts in Social Sciences. On 5 April 2023, while attending a lecture at Mitchell Hall dining hall at around 7:30 pm, students who were residents of the hall demanded the class stop due to arrangements for the launch of the guild president. The lecturer agreed and the class ended. The applicant alleged he was assaulted on his way out, suffering a ruptured eardrum. He reported the matter to Makerere University police post and sought medical treatment. The applicant filed a miscellaneous cause claiming violation of multiple constitutional rights, seeking compensation of UGX 250,000,000, special classes and exams, a permanent injunction against conducting lectures in halls of residence, and other declaratory reliefs. The respondent contended that the applicant never formally reported the matter through internal grievance procedures, that details of the assault were unclear and inconsistent, and that the assault was by an unknown person not connected to the university's actions.

Issues

  1. Whether the actions and/or omissions of the respondent violated the applicant's constitutional rights as enshrined under Articles 20(1) & (2), 21(1), 22(1), 24, 30, 33(1), (2), (3) & (6), 39, 44 and 50 of the Constitution.
  2. Whether the applicant is entitled to the remedies sought.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Constitutional Law — Enforcement of Fundamental Rights — Article 50 Procedure — Abuse of Process
Constitutional provisions like Article 50 are not intended to short-circuit or circumvent established procedures and statutory provisions for accessing courts. Where the alleged breach of a fundamental right is ancillary or incidental to the substantive claim, it is incompetent to constitute the claim as one for enforcement of fundamental human rights.
Constitutional Law — Enforcement of Fundamental Rights — Principal Relief Test — Tort Claims Distinguished
A claim rooted in tort cannot constitute the principal relief under the Fundamental Human Rights Enforcement Act. The principal relief, to qualify for institution under fundamental human rights procedure, should be for enforcement or securing enforcement of fundamental human rights. Enforcement of rights should be the main claim and not an accessory claim.
Administrative Law — Exhaustion of Internal Remedies — University Grievance Procedures — Premature Applications
Applicants must exhaust internal remedies provided by law before seeking recourse from the High Court. Where a student fails to follow established grievance procedures under university regulations, an application to the High Court is premature and constitutes an abuse of process.
Administrative Law — Judicial Review — Internal Administration of Universities — Non-Interference Principle
Courts should not unnecessarily interfere with the internal administration of an institution or university under the guise of enforcing human rights. The High Court as custodian of justice and the rule of law must maintain social balance by refusing to interfere where it is against social interest and public good.
Civil Procedure — Abuse of Process — Frivolous and Vexatious Claims — Clean Hands Doctrine
Every litigant who approaches the court must come forward not only with clean hands but with clean mind, clean heart and clean objective. The mere allegation that a fundamental right has been contravened is not of itself sufficient to invoke the jurisdiction of the court if the allegation is frivolous or vexatious or an abuse of process made solely for the purpose of avoiding normal procedures.

Legislation cited (26)

Cases cited (10)

  • Attorney General v Salvatory Abuki and Another (Supreme Court Criminal Appeal No. 1 of 1998)
  • Stop and See (U) Ltd v Tropical African Bank (Miscellaneous Application No. 333 of 2010)
  • Oketha Dafala Valenta v Attorney General and Another (High Court Civil Suit No. 69 of 2004)
  • Hajj Idd Lubyayi Isiki v Katushabe Ruth and NRM (High Court Miscellaneous Cause No. 26 of 2020)
  • Ssewanyana Jimmy v Kampala International University (High Court Miscellaneous Cause No. 207 of 2018)
  • University of Ilorin v Oluwadare (2006) 6-7 SC p 154; (2006) AFWLR (pt. 338) p 747 at 755
  • University of Uyo v Essel (2006) AFWLR (pt. 315) 80 at 100
  • Lukwago Erias v Electoral Commission (High Court Miscellaneous Cause No. 393 of 2020)
  • Harrikisson v Att-Gen (Trinidad and Tobago) [1980] AC 265 at 268
  • Charles Harry Twagira v Attorney General and 2 Others (Supreme Court Criminal Appeal No. 4 of 2007)

Full judgment

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Kato v Makerere University (Miscellaneous Cause 184 of 2023) [2024] UGHCCD 165 (25 October 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.