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Vincent Vessy Nuwagaba v Makerere University and Others (Miscellaneous Cause No.100 of 2017)

High Court · [2018] UGHCCD 225 · 2018 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking certiorari, mandamus, permanent injunction, and damages
Decision
Application for judicial review dismissed as time-barred and without merit; applicant advised to apply afresh if the university advertises

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Holding

Application for judicial review dismissed. The court held the application was made out of time under Rule 5 of the Judicature (Judicial Review) Rules 2009, which requires applications to be made within three months. On the merits, the court found that the applicant was never a registered student of the university, having failed to register due to mental health issues. The Board of Research and Graduate Training's decision that the applicant was not a university student and had no obligation towards him was justified. The fellowship could not subsist when the applicant was not a registered student.

Outcome

Application for judicial review dismissed as time-barred and without merit; applicant advised to apply afresh if the university advertises

Facts

The applicant was admitted to an MPhil/PhD programme in Social Studies at Makerere Institute of Social Research (MISR) commencing January 2014, with a scholarship offer in August 2013. Before registration in November 2013, the applicant exhibited violent behaviour in the MISR library, damaging property and injuring the Programme Administrator with a knife. The applicant had been a mental patient since 2008. In November 2013, the 2nd respondent suspended the applicant's scholarship. The applicant temporarily withdrew and underwent treatment at Butabika Hospital. In 2016, after submitting medical clearance, the applicant's scholarship was reinstated for the 2017 cohort. However, the applicant's mental health deteriorated again before registration. A medical report from Butabika dated 27 January 2017 confirmed a relapse in December 2016. The Board of Research and Graduate Training, at its meeting on 4 and 7 March 2017, resolved that the applicant was not a university student since he never registered and had no obligation towards him. The applicant filed this judicial review application on 3 May 2018, approximately 14 months after the decision.

Issues

  1. Whether the application discloses any grounds for judicial review and if so whether the applicant's discontinuance was illegal and thus unconstitutional?
  2. Whether the applicant is entitled to the remedies sought?

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Judicial Review — Time Limits — Three-Month Rule
An application for judicial review must be made promptly and in any event within three months from the date when the grounds of the application first arose, unless the court considers that there is good reason for extending the period, in accordance with Rule 5 of the Judicature (Judicial Review) Rules 2009.
Judicial Review — Grounds — Illegality, Irrationality, Procedural Impropriety
For an applicant to succeed under judicial review, it is trite law that the applicant must prove that the decision made was tainted by illegality, irrationality, or procedural impropriety.
Administrative Law — Natural Justice — When Hearing Required
It is not a rule of law that every decision taken by a decision maker must be taken after according a party a hearing. The requirements of natural justice or fair hearing must depend on the circumstances of the case, the nature of the inquiry, the rules under which the body is acting, and the subject matter to be dealt with.
Administrative Law — University Admission — Student Status — Registration
A person only becomes a student of a university upon registration. Where an applicant was admitted but never registered due to mental health issues, the university has no obligation towards the applicant as a non-registered student, and a fellowship cannot subsist when the applicant is not a student of the university.

Legislation cited (12)

Cases cited (5)

  • John Jet Tumwebaze v Makerere University Council and 2 Others (Miscellaneous Cause No. 353 of 2005)
  • DOTT Services Ltd v Attorney General (Miscellaneous Cause No. 125 of 2009)
  • Balondemu David v The Law Development Centre (Miscellaneous Cause No. 61 of 2016)
  • Marko Matovu and Two Others v Mohammed Sseviri and Another (Civil Appeal No. 7 of 1978)
  • Kauma Kagere Rose v Namutumba District Local Government (HCMC No. 443 of 2008)

Full judgment

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

Vincent Vessy Nuwagaba v Makerere University and Others (Miscellaneous Cause No.100 of 2017) [2018] UGHCCD 225 (21 December 2018)
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.