RUSANGU University has appealed to the Lusaka High Court to combine two matters against them which show common questions of law and fact arising from their termination of memorandum of understanding with Eden University.
This is in a matter where over 500 students have sued the two institutions regarding the learning and graduation requirements after the fallout on a memorandum of understanding.
According to recent documents filed in the Lusaka High Court, Rusangu University vice chancellor Pardon Mwansa explained that Eden Institute of Education had already commenced legal action against them before the students did, and requested the courts to consolidate the matters as they were related.
Mr Mwansa explained that the students requested the courts to help them compel Rusangu to enable them study and graduate at the institution, by declaring the cancelled MoU by Eden as null and void.
“That on 15 December 2015 the second defendant (Eden) commenced an action under cause number 2015/HP/2403 against the first defendant (Rusangu), inter alia, seeking the following reliefs:
“(i) Damages for breach of the contract dated 31 December 2014 (ii) An order for the specific performance of the Memorandum of Understanding dated 31 December 2014 (iii) an order for an injunction retraining the defendant from breaching the memorandum of understanding dated 31 December 2014,” he said. He explained that the aforementioned showed that the action under the case brought by the students arose from the same facts as that commenced by the Eden Institute.
Mr Mwansa said the legal counsel advised that facts before the two cases were similar in nature and in so required consolidation to avoid replication of both costs and time taken in dealing with the matter.
In both matters, Rusangu and Eden were parties to another matter before the court proceedings involving a matter of breach of contract against them by 504 students enrolled under Eden but registered under Rusangu University as an examination and graduation following a cancellation of the MoU.