Wakilii

Grace Ann Naava v Makerere University (Civil Suit No. 0352 of 2024; Miscellaneous Application No. 1169 of 2024)

High Court · [2026] UGHCCD 114 · 2026 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 recovery of salary
Decision
Applicant granted unconditional leave to defend the underlying summary suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted unconditional leave to appear and defend where the applicant demonstrated multiple bona fide triable issues of fact and law. The court held that a defendant need only show the existence of triable issues, not prove the defence at the leave stage. Where there are genuine disputes regarding employment status, the legality of recovering salary paid during study leave, interpretation of bonding agreements, and whether the claim constitutes a liquidated demand, the matter requires full trial and cannot be determined summarily on affidavit evidence.

Outcome

Applicant granted unconditional leave to defend the underlying summary suit

Facts

Makerere University instituted Civil Suit No. 0352 of 2024 against Grace Ann Naava, a former Administrative Assistant Secretary II, seeking to recover UGX 95,240,512 allegedly paid to her as salary during periods when she was on study leave or absent from duty. The applicant had been granted study leave on several occasions between 2019 and 2022 to pursue further studies. The respondent alleged that after the final study leave expired on 31 October 2022, the applicant did not return to duty but continued to receive salary until June 2023, when she resigned in May 2023. The applicant contested the claim, asserting she remained in active service during the relevant periods, that she obtained and utilized approved study leave, resumed duty where required, and only resigned after the respondent failed to respond to her requests for leave extension. She challenged the absence of proof and computation of the alleged debt and the legal basis for recovering salary paid during study leave.

Issues

  1. Whether the Applicant be granted unconditional leave to appear and defend the main suit?
  2. What remedies are available to the parties?

Orders

  • The Applicant is hereby granted unconditional leave to appear and defend Civil Suit No. 0352 of 2024.
  • The Applicant shall file and serve her written statement of defence within 14 days from the date of delivery of this ruling.
  • The costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Summary Procedure — Leave to Defend — Test for Granting Unconditional Leave
A defendant is entitled to unconditional leave to appear and defend under Order 36 of the Civil Procedure Rules where the defendant demonstrates a good defence on the merits, a triable issue of fact or law, a real dispute as to the amount claimed, or any circumstances disclosing a bona fide defence. The court is not called upon to determine the merits of the defence with finality, but rather to ascertain whether the defendant has disclosed a bona fide triable issue.
Civil Procedure — Summary Procedure — Burden on Defendant — Showing Triable Issues Not Proving Defence
The law only requires a defendant to show the existence of a bona fide triable issue, not to prove the defence at the leave to defend stage. The affidavit in support must set out material facts which, if established at trial, would constitute a valid defence. It is insufficient for a defendant to raise mere denials; however, a clear denial of indebtedness supported by factual material is sufficient to raise a triable issue.
Civil Procedure — Summary Procedure — Liquidated Demand — Requirement of Certainty
A liquidated demand is one that is certain or capable of ascertainment without extensive inquiry. Where both the entitlement to recover a stated sum and the method of its computation are disputed, the claim does not meet the threshold of a liquidated demand. A real dispute as to the amount claimed requiring accounts or evidentiary verification defeats summary procedure and justifies granting leave to defend.
Civil Procedure — Summary Procedure — No Mini-Trial at Leave Stage
The court is enjoined not to conduct a mini-trial at the leave to defend stage. Where determination of a claim requires interpretation of contractual documents, human resource policies, and factual verification of payments made, these are not matters that can be conclusively determined on affidavit evidence and must be subjected to full trial.
Employment & Labour — Recovery of Salary — Study Leave — Triable Issues
Where an employer seeks to recover salary allegedly paid to an employee during periods of unauthorised absence or study leave, and the employee challenges the chronology of events, the authorisation of leave, the legal basis for recovery of salary paid during study leave, and the interpretation and scope of bonding arrangements, these disputes raise substantial triable issues of fact and law that cannot be determined under summary procedure.

Legislation cited (4)

Cases cited (10)

  • Children of Africa v Sarick Construction Ltd (Miscellaneous Application No. 134 of 2016)
  • Bhaker Kotecha v Adam Mohammed [2002] 1 EA 112
  • Maluku Interglobal Trade Agency v Bank of Uganda [1985] HCB 65
  • MMK Engineering v Mantrust Uganda Ltd (Miscellaneous Application No. 128 of 2012)
  • Photo Focus (U) Ltd v Group Four Security Ltd [2000] UGCA 31
  • MS Kots (U) Ltd v Woddamba Nathan [2002] UGCA 15
  • Nakawa Trading Company Ltd v Coffee Marketing Board (Civil Suit No. 137 of 1991)
  • Abubaker Kato Kasule v Tomson Muhwezi [1992-93] HCB 212
  • ActionAid International Uganda v Mifumi Limited (Miscellaneous Application No. 95 of 2023)
  • Uganda Baati v Patrick Kalema (Civil Suit No. 126 of 2010)

Full judgment

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

Grace Ann Naava v Makerere University (Civil Suit No. 0352 of 2024; Miscellaneous Application No. 1169 of 2024) [2026] UGHCCD 114 (13 April 2026)
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.