Wakilii

Mutambo v Makerere University Business School and Another (Miscellaneous Cause No. 0066 of 2011)

High Court · [2012] UGHC 482 · 2012 Costs Awarded (Partly) AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review settled by consent; ruling on costs
Decision
Consent judgment executed following court-aided mediation; costs awarded against 1st Respondent only

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where a judicial review application was resolved through court-aided mediation resulting in a consent judgment, costs were awarded to the applicant against the 1st respondent only. The 1st respondent bore responsibility for the exercise of mandate under examination malpractice rules that led to institution of the proceedings. The application against the 2nd respondent was dismissed with no order as to costs, as no report had been furnished to the 2nd respondent before the consent judgment.

Outcome

Consent judgment executed following court-aided mediation; costs awarded against 1st Respondent only

Facts

The applicant was a student at the 1st respondent institution. The cause was initiated as an application for judicial review, followed by applications for temporary and interim injunctions. The interim order application was granted. Before the temporary injunction application could be heard, the 1st respondent filed an appeal. Upon the court's advice, counsel for the applicant sought amicable settlement through court-aided mediation. A consent judgment was executed on 21 November 2011. The parties resolved all issues except costs, which was referred back to the trial judge. The 1st respondent had mandate under Makerere University Rules on Examination Malpractices and Irregularities to investigate and decide the applicant's disciplinary case and report to the Senate Committee of the 2nd respondent for confirmation. No such report had been furnished to the 2nd respondent before execution of the consent judgment.

Issues

  1. Which party should bear the costs of the cause following settlement by consent judgment.

Orders

  • Costs awarded to the applicant to be borne by the 1st Respondent only.
  • Application against the 2nd Respondent dismissed with no order as to costs.

Rules and key headnotes

Civil Procedure — Costs — Apportionment following consent judgment after mediation
Where parties settle a judicial review application through court-aided mediation and execute a consent judgment, the court may depart from the general rule that costs follow the event and award costs to the applicant against only the respondent responsible for the actions that led to institution of proceedings.
Administrative Law — Educational institutions — Procedural mandate and accountability
Where a faculty or school of a university has mandate under institutional rules to investigate and decide a disciplinary case at first instance and report to a higher committee for confirmation, that faculty or school bears responsibility for exercise of that mandate, including costs consequences where the matter proceeds to judicial review.

Legislation cited (1)

Cases cited (1)

  • Nantege Caroline v Makerere Business School and Makerere University (Miscellaneous Cause No. 120 of 2011)

Full judgment

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

Mutambo v Makerere University Business School and Another (Miscellaneous Cause No. 0066 of 2011) [2012] UGHC 482 (19 June 2012)
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.