Yusuf Serunkuma-Kajura v Makerere University, Kampala & Another (Miscellaneous Application 164 of 2018)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted judicial review in part, quashing the university decisions on appointment of PhD supervisors where communication had irretrievably broken down between student and proposed supervisor. It is irrational and unreasonable to force supervision by someone the student has fallen out with or perceived protégés of such person. The court directed appointment of supervisors from a neutral panel, waived fees for years during the impasse, and awarded general damages for inconvenience and lost opportunities.

Outcome

Application partly allowed; certiorari and mandamus orders issued; general damages and costs awarded to applicant

Facts

In 2012, the applicant was admitted to a PhD program in social studies at MISR, an affiliate of Makerere University. On 30th August 2017, the MISR academic board appointed Dr. Virgine Tallio to replace Associate Professor Okello Ogwang as the applicant's main supervisor and appointed the second respondent and Dr. Samson Bazabeh as members of the doctoral committee. The applicant appealed to the examinations, irregularities and appeals committee of the College of Humanities and Social Sciences, which partly allowed his appeal on 12th December 2017. The applicant remained dissatisfied, particularly objecting to Dr. Bazabeh whom he perceived as a protégé of the second respondent with whom the applicant had fallen out. Communication between the applicant and the proposed supervisors had irretrievably broken down. The respondents later proposed a new supervisory team which the applicant still opposed due to the inclusion of Dr. Bazabeh.

Issues

1. Whether the decision of the examinations, irregularities and appeals committee of the college of humanities and social sciences taken on 12th December 2017 should be quashed by certiorari.
2. Whether the decision of the academic board of MISR appointing new supervisors and doctoral committee members on 30th August 2017 should be quashed by certiorari.
3. Whether the first Respondent should be directed by mandamus to take over administration, supervision and examination of the Applicant's PhD thesis.
4. Whether the Applicant is entitled to general damages for loss occasioned by the university decisions.

Orders

• An order of certiorari is issued quashing the decision of the examinations, irregularities and appeals committee of the college of humanities and social sciences irrationally taken on 12th December 2017 arising from the Applicant's appeal regarding administration, supervision and examination of his PhD thesis.
• An order of certiorari is issued quashing the entire proceedings and decision of the academic board of MISR appointing Dr. Virgine Tallio to replace Dr. Okello Ogwang as the Applicant's new main supervisor and the second Respondent together with Dr. Samson Bezabeth as members of the Applicant's doctoral committee reached at its meeting held on 30th August 2017.
• An order of mandamus is issued directing the first Respondent's College of humanities and social sciences and the Directorate of research and graduate training to take over the administration, supervision and examination of the Applicant's PhD thesis including nomination and appointment of the Applicant's Doctoral Committee from the list of persons: (1) Prof. Abasi Kiyimba, (2) Dr. Simba Ssali Kayunga, (3) Dr. Pamela Khanakwa, (4) Dr. Suzan Kiguli, (5) Professor Peter Atekyereza and (6) Prof. (Sr) Dominica Dipio.
• The Applicant is awarded general damages of Ug. shs: 25,000,000/= (Uganda shillings twenty five million only).
• The Applicant is also awarded costs of the application.
• The application is denied in all other respects.

Rules and key headnotes

Legislation cited (9)

• Constitution of Uganda article 20(2)
• Constitution of Uganda article 28
• Constitution of Uganda article 30
• Constitution of Uganda article 42
• Constitution of Uganda article 50(1)
• Constitution of Uganda article 126(2)(e)
• Constitution of Uganda article 139
• Civil Procedure Act s.98
• Judicature Act s.33

Cases cited (2)

• Rosemary Nalwadda v Uganda Aids Commission (HCMA No. 0045 of 2010)
• [1985] AC 374

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