Wakilii

Odoi Tanga & anor v Kagonyera (Misc Cause No. 277 2013)

High Court · [2014] UGHCCD 158 · 2014 Judicial Review Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking an order of mandamus to compel the respondent to make statutory appointments
Decision
Order of mandamus granted directing the Chancellor to make the appointments within 30 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the Chancellor of Makerere University had a statutory duty under section 29 of the Universities and Other Tertiary Institutions Act 2001 and regulations 12 and 17 of the Management of Constituent Colleges Statute 2012 to appoint the Deputy Principal and Principals recommended by the University Senate and Council. Where a public authority fails to act within the law, it can be compelled to do so through mandamus. The applicants, as staff members, had sufficient legal interest in the appointments. The court granted the order of mandamus directing the Chancellor to make the appointments within 30 days.

Outcome

Order of mandamus granted directing the Chancellor to make the appointments within 30 days

Facts

Dr. Odoi Tanga and Deus K. Muhwezi, both employees of Makerere University, sought judicial review after the Chancellor refused to appoint a Deputy Principal for the College of Humanities and Principals for the College of Agriculture and Environmental Sciences and College of Veterinary Medicine. The University Council, through the Senate, had initiated a process to appoint substantive Principals and Deputy Principals to replace acting office holders. The Senate's search committees selected suitable candidates, which were endorsed by the Council and forwarded to the Chancellor for appointment. The Chancellor appointed some officers but refused to appoint the three positions in question. The respondent raised concerns that only one name had been submitted for some positions contrary to the usual practice of submitting three names, but the University Council Chairperson responded to these concerns. The respondent was served with the motion and given multiple opportunities to file an affidavit in reply and written submissions but failed to do so.

Issues

  1. Whether the respondent had a statutory duty to appoint the Deputy Principal of the College of Humanities, Principal of the College of Agriculture and Environmental Sciences, and Principal of the College of Veterinary Medicine following the recommendations of the University Council and Senate.
  2. Whether the applicants had sufficient legal interest to seek an order of mandamus compelling the respondent to perform his statutory duty.
  3. Whether the court could proceed ex parte where the respondent failed to file an affidavit in reply or written submissions despite being granted time to do so.

Orders

  • Application allowed.
  • An Order of mandamus is hereby made directing the Chancellor of Makerere University to appoint a Deputy Principal College of Humanities, Principal College of Agricultural and Environmental Sciences and Principal College of Veterinary Medicine.
  • The above order must be complied with within 30 days from the date of this ruling.
  • Costs of this application awarded to the applicants.

Rules and key headnotes

Administrative Law — Mandamus — Statutory Duty — Duty to Make Appointments in Accordance with Law
Where a statutory duty is imposed upon a public officer to perform an act and the officer fails to perform that duty in accordance with the law, the court may grant an order of mandamus compelling the officer to act in accordance with the law.
Administrative Law — Mandamus — Locus Standi — Sufficient Legal Interest
A person having sufficient legal interest in the performance of a statutory duty owed to the public may apply to the court for an order of mandamus to enforce that duty, even when the duty is imposed on a Crown servant in his official capacity.
Employment & Labour — University Appointments — Locus Standi of Staff Members
Members of staff of a university have sufficient legal interest to seek enforcement of the statutory duty to appoint heads of colleges where such appointments affect the institutional structure under which they serve.
Civil Procedure — Compliance with Court Directives — Failure to File Affidavit or Submissions
Where a party fails to comply with court directives made under Order 17 rule 4 of the Civil Procedure Rules requiring it to file an affidavit in reply or written submissions to further the progress of the hearing, the court may treat the application as presented ex parte at the option of the non-complying party, who thereby denies himself the right to be heard.

Legislation cited (4)

  • Judicature Act s.36
  • Universities and Other Tertiary Institutions Act 2001 s.29
  • Universities and Other Tertiary Institutions (Management of Constituent Colleges of Makerere University) Statute 2012 reg.12
  • Universities and Other Tertiary Institutions (Management of Constituent Colleges of Makerere University) Statute 2012 reg.17

Cases cited (3)

  • Rep and Others v Attorney General and Another [2006] 2 EA 265
  • SHAH -VS- AG
  • Kampala International University and 2 Others v Hon Justice Prof Keyahabs (Misc Application No. 219 of 2013)

Full judgment

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

Odoi Tanga & anor v Kagonyera (Misc Cause No. 277_2013) [2014] UGHCCD 158 (28 March 2014)
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.