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High Court Dismisses Students’ Lawsuit Against LDC

Kampala High Court has dismissed a petition in which two students had sued the Law Development Centre (LDC) for ordering them to repeat the entire course after failing examinations.

Mike Kirungi Muhereza and Jasper Bakesi Mutalemwa had asked court to quash the decision of LDC and allow them to re-sit the failed examination papers.

But Justice Lydia Mugambe said students cannot use the courts as a tool to intimidate their academic institutions into giving them what they want.

“There is a worrying trend of students running to the courts for orders to be graduated. While courts have a duty to all, nothing under the judicial review laws empowers the courts to take over the statutory mandate of Law Development Centre or any other academic institution to determine who has passed or failed,” she ruled on Tuesday.

The judge also observed that LDC management is a non- legal entity and thus the application was improperly brought against it.

Justice Mugambe ruled that the students cannot claim any unfairness when the law does not favor their actions and have no basis to claim any form of legitimate expectations from the actions taken by LDC.

 “Save for instances of clear violation of constitutional rights, bias or bad faith, courts will always defer to the examination authorities to apply the relevant rules for passing a course which students accede to when they join a given programme. The court will normally exercise restraint to interfere unnecessarily,” she said.

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