Uganda Case Law

Makerere University v Prof. John Jean Barya & Others

Makerere University v Prof. John Jean Barya & Others (Miscellaneous Application 639 of 2024) [2024] UGHCCD 179 (1 November 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 639 of 2024

Judge

Douglas Karekona Singiza, J

The court found that the principles governing temporary injunctions are well settled: the applicant must show a prima facie case with a likelihood of success, a risk of irreparable harm not compensable by damages, and that the balance of convenience favors granting the order. The court determined that the issues raised by the respondents, including preliminary objections regarding the legal status of the Tribunal and alleged abuse of process, are better addressed in the main applications where fuller evidence and argument can be presented. Given the risk of setting a bad precedent and fetteri…

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• Temporary Injunctions
• Judicial Review Of Tribunal Decisions
• University Governance
• Public Body Decision Challenge

Muhwezi & 3 Others v Makerere University Council & 2 Others

Muhwezi & 3 Others v Makerere University Council & 2 Others (Miscellaneous Cause 198 of 2022) [2024] UGHCCD 61 (19 April 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 198 of 2022

Judge

Nambayo, J

The High Court held that Makerere University officials acted within their statutory mandate in suspending guild activities and managing the constitutional review process.

• Judicial Review
• University Governance
• Natural Justice
• Student Elections
• Procedural Impropriety
• Judicial-review

Dr. Barugahare v Makerere University and 3 Others (Consolidated Miscellaneous Cause No. 678 of 2020)

Dr. Barugahare v Makerere University and 3 Others (Consolidated Miscellaneous Cause No. 678 of 2020) [2022] UGHCCD 194 (30 September 2022)

Court

HC: Civil Division (Uganda)

Case number

Consolidated Miscellaneous Cause No. 678 of 2020

Judge

Musa Ssekaana, J

The High Court dismissed two contempt applications, holding that the status quo orders did not extend the applicant’s expired contract or make the respondents’ actions contemptuous.

• Contempt Of Court
• Judicial Review
• Injunctive Relief
• Employment Contracts
• University Governance
• Contempt-of-court

Associate Professor Ssempebwa and Anor v Makerere University

Associate Professor Ssempebwa and Anor v Makerere University (Miscellaneous Application No. 21 of 2021) [2022] UGHCCD 62 (14 April 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 21 of 2021

Judge

Musa Ssekaana, J

The High Court dismissed an application for temporary injunction and the judicial review cause, holding that internal university remedies had not been exhausted.

• Judicial Review
• Exhaustion Of Remedies
• Temporary Injunctions
• University Governance
• Academic Decisions
• Judicial-review

Serunkuma-Kajura v Makerere University, Kampala & Another

Serunkuma-Kajura v Makerere University, Kampala & Another (MISCELLANEOUS NO. 164 OF 2018) [2020] UGHCCD 158 (11 June 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS NO. 164 OF 2018

Judge

Mugambe, J

The court found that the decisions of the academic board of MISR and the examinations, irregularities and appeals committee were irrational, irregular, and unreasonable, particularly in insisting on supervisors with whom the applicant had irretrievably broken down communication and trust. The court emphasized that while students do not ordinarily choose their supervisors, it is equally improper for a university to insist on supervisors where there is clear evidence of bias or breakdown in the supervisory relationship. The court held that the applicant's right to fair administrative action and…

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• Judicial Review
• Natural Justice
• University Governance
• Procedural Impropriety

Jobey v International University of East Africa University Council & 2 Others

Jobey v International University of East Africa University Council & 2 Others (MISCELLANEOUS CAUSE NO. 4 OF 2019) [2020] UGHCCD 163 (11 June 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 4 OF 2019

Judge

Mugambe, J

The court found that while it would have been preferable for the Applicant to sue the University itself, the application was properly brought against the internal governing institutions responsible for the suspension decision being challenged. The Respondents, though not legal persons in the strict sense, are the bodies that made the decision at issue and are thus competent for the purposes of judicial review. The court further held that the application is fundamentally about challenging the suspension decision, not fraud, making it a proper case for judicial review. Accordingly, the prelimin…

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• Judicial Review
• Locus Standi
• Joinder Of Parties
• University Governance

Bwengye v Bishop Stuart University (EOC/CR 20 of 2018)

Bwengye v Bishop Stuart University (EOC/CR 20 of 2018) [2018] UGEOC 1 (18 July 2018)

Court

Equal Opportunities Commission

Case number

EOC/CR 20 of 2018

Judges

Ojuko, Commissioner

The Tribunal found that the impugned provisions of the Respondent's Guild Constitution, which restrict key student leadership positions to members of the Anglican faith and require religious clearance, constitute unlawful discrimination and impairment of equal opportunities. These provisions violate Article 21 of the Constitution of Uganda, relevant sections of the Equal Opportunities Commission Act, and international instruments guaranteeing equality and non-discrimination. The Tribunal held that the Respondent's justification based on religious identity does not meet the constitutional crit…

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• Religious Discrimination
• Equal Opportunity
• Students Rights
• University Governance

Kampala University v National Council for Higher Education (Misc. Cause No. 053 of 2014)

Kampala University v National Council for Higher Education (Misc. Cause No. 053 of 2014) [2014] UGHCCD 125 (20 October 2014)

Court

HC: Civil Division (Uganda)

Case number

Misc. Cause No. 053 of 2014

The High Court quashed NCHE’s 30 April 2014 decision on a Kampala University degree, finding contempt of court, breach of natural justice, and acting beyond statutory powers.

• Judicial Review
• Natural Justice
• Ultra Vires
• University Governance
• Contempt Of Court
• Procedural Fairness

Kyambogo University v Ndiege

Kyambogo University v Ndiege (Civil Appeal 341 of 2013) [2013] UGCA 2048 (6 November 2013)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 341 of 2013

Judge

Kakuru, JA

Court of Appeal dismissed Kyambogo University’s application for interim stay of execution, holding the High Court orders were not executable in the legal sense.

• Stay Of Execution
• Judicial Review
• Interim Orders
• University Governance
• Abuse Of Process
• Stay-of-execution