The High Court in Jinja has ordered Uganda Christian University to pay over to Simon Semuwemba and Yasin Sentumbwe the costs they have so far incurred in legal, transport and subsistence expenses occasioned by the “dilatory conduct” exhibited by the university while it defends itself against a lawsuit in which the duo challenges their “wrongful” expulsion.
Court also accepted the submission by the expelled students’ lawyer Isaac Ssemakadde of Centre for Legal Aid that his clients were indigent and so “require the costs paid before the next sitting of Court to facilitate their continued prosecution of the matter.” Justice Luswata accordingly ordered the Mukono-based University to pay the costs before 5th October when the next hearing of the case will be.
This ruling stems from the failure by UCU’s lawyers led by Mr. Joshua Mpanga of A F Mpanga & Co. Advocates to file its defence within the prescribed time, and yet even when they so did, the defence was defective. Some of the documents (annextures) they claimed to have attached to their defence were in fact missing, yet even those attached had not been commissioned as required by law.
In her ruling which nevertheless allowed UCU to file additional defence so as to patch up the defects of the old one, Hon. Lady Justice Eva Luswata noted that no reasons had been advanced by UCU’s lawyers to explain their sluggish conduct while handling the matter, save for its lawyers conceding that they “had made mistakes” in their earlier defence.
“I note that the application is a very serious one. It touches the professional future of the [students] and impacts on the manner in which the [university] will in future manage its students, including conducting disciplinary proceedings against them … [the university] should [therefore] not be curtailed from presenting evidence they deem necessary to oppose the application. I will allow their prayer [to file additional evidence],” ruled the Judge.
The university must file its additional evidence by 7th September on Wednesday, and again pay the students’ costs of the day.
The Judge also dismissed the university’s claim that the students are breaching the sub judice rule by holding protests, talking to the media and collecting money from the public to sustain their case. She noted that this was a serious claim which the university had failed to substantiate as no evidence was given proving these allegations.
At the same hearing, Mr. Mpanga advised Yasin and Simon to “eat humble pie” and settle the matter out of Court so that they can be admitted back into the university to resume their studies “as time is not on their side. This suggestion was however rejected by the students.
“It does not matter how long it takes. I am ready to spend five years out of University prosecuting this case to ensure that the students who join UCU after us are not oppressed and persecuted the way UCU has been persecuting us or any other student who dares to question its draconian tendencies. I am not going to compromise. Enough is enough!” Yasin reacted to the proposal, something that Simon concurred with.
The matter was adjourned to 5th October when the students’ lawyer will open his oral submissions in the matter.
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