[2020] UGSC 4

[2020] UGSC 4

The Supreme Court found that the applicant had voluntarily subjected himself to the proceedings of the Dr. Pamela Committee, which resulted in the cancellation of his diploma. The lower courts did not pass any executable orders affecting the applicant or causing irreparable damage; the loss claimed was not addressed by those courts. The committee proceedings and report relied upon by the applicant were not adjudicated by the lower courts, and the application to introduce them as new evidence was denied. The application for stay was overtaken by events, as the applicant's diploma had already been cancelled following a hearing in which he participated. Granting the stay would serve no...

Citation
[2020] UGSC 4
Parties
Applicant: Hon. Micheal Mabikke; Respondent: The Law Development Centre
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
7 May 2020
Case Number
Misc Civil Application 14 of 2015
Procedural Posture
Stay Application / Ruling
Outcome
application dismissed
Judges
Mwangusya, JSC, Kisaakye, JSC, Mwondha, JSC, Opio-Aweri, JSC, Tibatemwa-Ekirikubinza, JSC
Legal Topics
Stay of Execution, Judicial Review, Natural Justice, Procedural Impropriety, Right of Appeal
Source Language
English
Civil Procedure Administrative Law Stay of Execution Judicial Review Natural Justice Procedural Impropriety Right of Appeal

Case Brief

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Parties

Hon. Micheal Mabikke

Applicant

The Law Development Centre

Respondent

Procedural Posture

Stay Application / Ruling

Legal Issues

  1. 1 Whether the applicant's intended appeal has a likelihood of success warranting a stay of execution.
  2. 2 Whether the applicant will suffer irreparable damage if the stay is not granted.
  3. 3 Whether the balance of convenience favors granting the stay.

Ratio Decidendi

The Supreme Court found that the applicant had voluntarily subjected himself to the proceedings of the Dr. Pamela Committee, which resulted in the cancellation of his diploma. The lower courts did not pass any executable orders affecting the applicant or causing irreparable damage; the loss claimed was not addressed by those courts. The committee proceedings and report relied upon by the applicant were not adjudicated by the lower courts, and the application to introduce them as new evidence was denied. The application for stay was overtaken by events, as the applicant's diploma had already been cancelled following a hearing in which he participated. Granting the stay would serve no...

Court Disposition

application dismissed

Orders

  • The application for stay of execution is dismissed.
  • No order for costs is made.