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Prof. Mahmood Mamdani and Another v Ikiring and Another (Miscellaneous Application 102 of 2021)

High Court · [2023] UGHCCD 353 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application seeking dismissal of underlying civil suit for lack of proper parties, no cause of action, and improper court process
Decision
Application dismissed; main suit to proceed to trial on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an interlocutory application seeking to strike out a suit alleging professional negligence by academic supervisors. Held that a tort claim for breach of duty of care by university staff is properly brought as an ordinary civil suit, not via judicial review. The plaint disclosed a cause of action where supervisors allegedly breached their duty of care to a doctoral student. Application dismissed with costs.

Outcome

Application dismissed; main suit to proceed to trial on merits

Facts

The 1st Respondent, a doctoral student at Makerere Institute of Social Research, was supervised by the Applicants. She submitted her PhD proposal after a deadline, which led to suspension of her scholarship. Her proposal was rejected in August 2017. She filed Civil Suit No. 142 of 2018 alleging that the Applicants breached their duty of care as supervisors, manipulated examination processes, and caused her to lose her scholarship. The Applicants moved to strike out the suit, arguing they were not proper parties, the claim should have been brought via judicial review, and the plaint disclosed no cause of action against them personally. The 2nd Respondent (Makerere University) supported the suit continuing, arguing the Applicants acted outside their authority by refusing to implement directions from the Directorate of Research and Graduate Training.

Issues

  1. Whether Civil Suit No. 142 of 2018 is competent before Court?
  2. Whether the plaint in Civil Suit No. 142 of 2018 discloses a cause of action against the Applicants?
  3. What remedies are available to the parties?

Orders

  • The application is dismissed.
  • Costs of the application awarded to the Respondents.

Rules and key headnotes

Evidence — Affidavits — Competence to Depose — Authority from Co-Party
Where there are multiple parties to a suit and one party deposes to facts within their personal knowledge or belief, no written authority from a co-party is required for that party to swear an affidavit in support of the application. Competence to swear an affidavit is pegged to the ability to depose to the facts of the case on account of personal knowledge, not to authorization by a party to the litigation.
Civil Procedure — Representative Suits — Order 1 Rule 12 CPR — Affidavits
Order 1 rule 12 of the Civil Procedure Rules governs appearance, pleading or acting by one person on behalf of several parties where there are more parties than one. The provision does not govern the giving of evidence by affidavit. One does not need to be an agent of another to give evidence on behalf of that other; they are only required to have knowledge of the peculiar facts of the case.
Civil Procedure — Competence of Suit — Judicial Review versus Ordinary Civil Suit — Choice of Remedy
A plaintiff is dominus litis and has the power to choose her cause of action and necessary reliefs. Where a plaintiff seeks declarations and compensatory remedies for breach of duty of care rather than prerogative remedies, the suit properly lies as an ordinary civil action and need not be brought by way of judicial review, even if the defendants are performing public functions.
Tort Law — Negligence — Professional Negligence — Academic Supervisors
Academic professors and tutors in the course of supervising students may be sued in professional negligence. The principles governing judicial review of academic decisions do not immunize academic staff from tortious liability for breach of a duty of care owed to students in their supervisory capacity.
Tort Law — Negligence — Cause of Action — Academic Supervision
A plaint alleging that academic supervisors breached a duty of care by failing to provide proper guidance and supervision during preparation of a doctoral proposal, leading to loss of scholarship and academic progress, discloses a cause of action in negligence. The relationship of supervisor and supervisee gives rise to a legal duty of care.
Civil Procedure — Parties — Proper Parties — University Employees Acting Outside Authority
Where university employees allegedly act outside the scope of their employment and refuse to implement lawful directives of their employer, they may be sued in their personal capacity alongside the university. Their decisions in such circumstances cease being those of the university and become their personal decisions.

Legislation cited (9)

Cases cited (16)

  • Kabanda Sam Mbwana and Another v Gatsizi Edward (High Court Miscellaneous Application No. 436 of 2019)
  • Emmanuel Lukwajju v Myers Mucunguzi and Another (High Court Miscellaneous Application No. 862 of 2011)
  • Water and Environment Media Network (U) Ltd and 2 Others v National Environment Management Authority and Another (Consolidated Miscellaneous Causes No. 239 and 255 of 2020)
  • Esemu Nicholas v Mwitanirwa Charles (High Court Miscellaneous Application No. 952 of 2020)
  • BankOne Limited v Simbamanyo Estates Limited (High Court Miscellaneous Application No. 645 of 2020)
  • Prof. Philip Alston v Initiative for Social and Economic Rights (ISER) Ltd and Others (High Court Miscellaneous Application No. 550 of 2022)
  • Binaisa Nakalema and 3 Others v Mucunguzi Myers (Miscellaneous Application No. 460 of 2013)
  • Taremwa Kamishana Thomas v Attorney General (Miscellaneous Application No. 48 of 2012)
  • Mukuye and 106 Others v Madhvani Group Ltd (Miscellaneous Application No. 821 of 2013)
  • Bishop Patrick Baligasiima v Kizza Daniel and Others (Miscellaneous Application No. 1495 of 2016)
  • Basile Difasi v The National Unity Platform (High Court Miscellaneous Cause No. 226 of 2020)
  • Derakhshan v University of Toronto [2000] O.J No. 1463 No. CP-17702/99
  • Auto Garage v Motokov (No.3) [1971] EA 514
  • Fuelex Uganda Limited v Attorney General and Others (High Court Miscellaneous Cause No. 048 of 2014)
  • Kapeeka Coffee Works Ltd v NPART (Court of Appeal Civil Appeal No. 03 of 2000)
  • Donoghue v Stevenson (1932) UKHL 100

Full judgment

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Prof. Mahmood Mamdani and Another v Ikiring and Another (Miscellaneous Application 102 of 2021) [2023] UGHCCD 353 (21 November 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.