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25 Oct 2024

Constitutional Law [2024] UGHCCD 165

Kato v Makerere University

Kato v Makerere University (Miscellaneous Cause 184 of 2023) [2024] UGHCCD 165 (25 October 2024)

Court: HC: Civil Division (Uganda)
Case number: Miscellaneous Cause 184 of 2023
Judge: Musa Ssekaana, J

The court held that the applicant's claim was improperly brought under the procedure for enforcement of fundamental rights, as the main grievance related to tort and internal university administration, not a direct violation of constitutional rights. The applicant failed to exhaust internal remedies as required by university regulations before seeking judicial intervention. The court emphasized that constitutional provisions for enforcement of rights are not to be used to bypass established procedures or to pursue claims that are ancillary to substantive tort claims. The evidence did not esta…

Source excerpt

Enforcement Of Fundamental Rights
Right To Education
Right To Freedom From Torture
Internal Remedies Exhaustion
University Administration
Discrimination

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25 Jan 2024

Administrative Law [2024] UGHC 160

Prof. Basheka v Kabale University

Prof. Basheka v Kabale University (Miscellaneous Application 27 of 2023) [2024] UGHC 160 (25 January 2024)

Court: High Court of Uganda
Case number: Miscellaneous Application 27 of 2023
Judge: Emokor, J

The court found that the Applicant had exhausted all internal remedies available within the Respondent institution, as the University Staff Tribunal had rendered a decision on all grounds of appeal. The Appointments Board's disciplinary proceedings were within its mandate under Section 50(3) of the Universities and Other Tertiary Institutions Act, as the process did not contemplate removal from office, which would require Council action under Section 55. However, the court held that the Applicant was denied a fair hearing due to the Board's refusal to grant an adjournment despite sufficient c…