The University Senate Graduate Committee refused to award a Master of Laws Degree to the applicant and directed him to re-write his dissertation. He applied for an order of certiorari and declaration for the court to remove the matter in its jurisdiction and quash this decision. The application was made under a repealed University of Zambia Act to which counsel for the respondent made an objection. Another objection was that the High Court did not have jurisdiction to entertain the matter as the senate and the Chancellor had complete power to the exclusion of the courts of law. The application was made under the University of Zambia Act, Cap. 233 which was repealed and replaced by the University of Zambia Act, No. 17 of 1979.
(i)Although the application was made under a repealed Act, the new one and the old are substantially identical with a few changes in the numbering of sections deleting some and adding new or enlarging the old sections. What the application intended to achieve was embodied in the old Act as well as the new Act.
(ii)The words to sue and be sued in s. 15 (2) of the University of Zambia Act, No. 17 of 1979 mean to sue and be sued in a court of law and not any other inferior tribunal.
(iii)The High Court for Zambia has jurisdiction to hear and determine cases of this nature.
MUMBUNA WAMUNEO MWISIYA v THE COUNCIL OF THE UNIVERSITY OF ZAMBIA (1981) Z.R. 247 (H.C.)
HIGH COURT G.B. MUWO, J.21ST AUGUST, 1981 (1981/HP/48)
(1)R v Electricity Commissioners Ex parte London Electricity Joint Committee Co,  (Reprint) All ER 150.
(2)Thorne v University of London,  2 All E.R. 338.
(3) Reg v Aston University Senate Ex parte Roffey & Anor. (1969) 2 Q.B.D. 539
(4) Glynn v Keele University,  1 W.L.R. 487.
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