Administrative Law

Nakitto v The Management Committee of St. Lawrence Citizens High School (MISC. CAUSE NO. 15 OF 2017) [2017] UGHCCD 143 (7 November 2017);


Search Summary: 

The Applicant filed this application against the respondent seeking;

A declaration  that the indefinite suspension of the applicant from the Respondent School without affording her a hearing  is null and void in  so far as it contravened the rules of natural justice.

An order  of certiorari be granted and the order of indefinite suspension be removed to the high Court  and  quashed.

An order of mandamus be granted ordering the Respondent to admit the applicant back into school.

An order of prohibition be granted prohibiting the Respondent from  harassing, intimidating and or molesting the applicant in any way while  at the respondent school.

An order that the respondent pays  damages for wrongfully  suspending the applicant  indefinitely, anxiety, mental stress and inconvenience.





Headnote and Holding: 

The court considered that is therefore no distinction  between private or government owned  schools as far as  the laws  of Uganda,  including  the Supreme  Law, (the  Constitution) are  concerned.  That the respondent, duly licenced to operate in Uganda  under the Education Act and Regulations  there under is therefore a body whose actions are subject to judicial Review.   Therefore, the preliminary  objection by counsel for the Respondent is therefore hereby rejected.


In such circumstances, the court found and held that the submissions by counsel for the Respondent that the applicant was heard before suspension are not supported by any credible evidence and  are accordingly rejected.


The court ordered that the Costs of this application be paid by Respondent.


The court declined  to make an order for general damages against the Respondent in the interests of peaceful co-existence and reconciliation.


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