Mwiru v National Council for Higher Education and Ors (Civil Appeal No. 86 of 2017) [2021] UGCA 128 (9 September 2021)

# THE REPUBLIC OF UGANDA

### IN THE COURT OF UGANDA AT KAMPALA

# CIVIL APPEAL NO 0086 OF 2017

MWIRU PAUL} ... APPELLANT

#### VERSUS

## NATIONAL COUNCIL FOR HIGHER EDUCATION

AND 2 OTHERS}..................................................... .. RESPONDENTS

### RULING OF COURT

When this reference for hearing, the appellants counsel informed court that the parties had agreed to have additional evidence allowed by the single Justice to be filed within <sup>10</sup> days from the date of his decision be admitted outside the <sup>10</sup> days' period. The counsel for the respondents severally conceded to the orders sought in the reference for enlargement of the time fixed by the single Justice.

In the premises, the reference is allowed on the basis that the parties have agreed that the time given to the appellant was insufficient to file the affidavit in rejoinder. Time is extended within which to file the agreed evidence since no prejudice shall be occasioned to the parties. The affidavit in rejoinder of the appellant on record stands validated by this order. The parties have leave to address the court on the additional and agreed evidence. The reference is allowed with costs in the cause.

Dated at Kampala the day of September 2021

Christopher Madrama

Justice of Appeal

Justice of Appeal

Monica Mugenyi

Justice of Appeal