Wakilii

Dr. Gabriel Waswa v Makerere University (Miscellaneous Application 754 of 2024)

High Court · [2025] UGHCCD 210 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for unconditional leave to appear and defend arising from summary suit for debt recovery
Decision
Applicant granted leave to defend; matter to proceed to full trial

Observed later treatment

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Holding

The court held that the applicant raised triable issues requiring full trial investigation, particularly regarding whether he executed work assigned to him during the disputed period and whether he was entitled to the salary received. Where liability to pay is denied, it is wrong to grant summary judgment. The applicant was granted unconditional leave to appear and defend the underlying suit.

Outcome

Applicant granted leave to defend; matter to proceed to full trial

Facts

The applicant was appointed Assistant Lecturer at Makerere University in April 2010. He was granted fully paid study leave from October 2014 to September 2017 to pursue PhD studies at the University of Nottingham, with a subsequent two-year extension to October 2019. The applicant submitted his dissertation and awaited approval. His daughter's health condition in December 2019 required him to remain in the UK. The COVID-19 pandemic and lockdown from February 2020 prevented his return to Uganda. The respondent claimed the applicant absconded from duty from 31 October 2019 to 16 February 2022 while continuing to draw salary and emoluments totalling UGX 159,030,664. The applicant contended he performed assigned work remotely during this period and was entitled to the payments as a staff member. The respondent filed a summary suit for debt recovery, prompting this application for leave to defend.

Issues

  1. Whether the applicant has raised triable issues warranting unconditional leave to appear and defend the summary suit.
  2. Whether the applicant is liable to refund salary and emoluments received during the period from 31 October 2019 to 16 February 2022.

Orders

  • Application allowed.
  • Applicant granted unconditional leave to appear and defend Civil Suit No. 143 of 2024.
  • Applicant ordered to file Written Statement of Defence within fifteen (15) days from the date of this Ruling.
  • Costs of the application to be in the cause.

Rules and key headnotes

Civil Procedure — Summary Judgment — Order 36 CPR — Triable Issues — Test for Granting Leave to Defend
Where a defendant raises even one bona fide triable issue in response to a summary suit, the court must grant leave to defend. A triable issue is any matter that requires further interrogation at full trial and need not be one that would ultimately succeed, but merely one that warrants court intervention.
Civil Procedure — Summary Judgment — Denial of Liability — Effect on Summary Procedure
Where liability to pay a claimed sum is denied by the defendant, it is plainly wrong to grant an application for summary judgment. The dispute over liability constitutes a triable issue requiring full hearing.
Civil Procedure — Summary Judgment — Purpose and Spirit of Order 36
The spirit of Order 36 of the Civil Procedure Rules is to provide a swift remedy in claims for debts, liquidated sums, and certain landlord-tenant disputes where the defendant has no real defence. It prevents defendants from presenting frivolous or vexatious defences to unreasonably prolong litigation and assists the court in disposing of cases expeditiously.

Legislation cited (8)

Cases cited (6)

  • Jamil Ssenyonjo v Jonathan Bunjo (High Court Civil Suit No. 180 of 2012)
  • Children of Africa v Sarick Construction Ltd (High Court Miscellaneous Application No. 134 of 2016)
  • Cwezi Properties Limited v Tulip Consultancy Limited (Civil Appeal No. 124 of 2015)
  • Job Kiloch v Nation Media Group Ltd, Salaba Agencies Ltd & Michael Riorio [2015] eKLR
  • Maluku Interglobal Trade Agency Ltd v Bank of Uganda (Civil Suit No. 950 of 1985)
  • Momanyi Vs Hatimy & Anor [2003] 2 EA 600

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Dr. Gabriel Waswa v Makerere University (Miscellaneous Application 754 of 2024) [2025] UGHCCD 210 (28 November 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.