Wakilii

Kaase-Bwanga v Makerere University & 3 Others (MISCELLANEOUS APPLICATION NO. 222 OF 2019)

High Court · [2020] UGHCCD 53 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for contempt of court arising from Miscellaneous Cause No. 205 of 2018
Decision
Application for contempt dismissed; respondents found to have complied with earlier court order

Observed later treatment

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Holding

The court dismissed the applicant's contempt application, finding that the respondents had complied with the court order dated 25th February 2019 by considering and appointing the applicant to the position of Senior Lecturer within the ordered 30-day period. The court held that once the University Appointments Board complied with the court order, the contempt application became unnecessary. The court emphasized that contempt applications are for enforcement of court orders, not for seeking compensation to enrich litigants.

Outcome

Application for contempt dismissed; respondents found to have complied with earlier court order

Facts

The applicant was the successful party in Miscellaneous Cause No. 205 of 2018, where the court on 25th February 2019 found the respondents in contempt and granted an order of mandamus requiring the Appointments Board to consider the applicant's appointment to Senior Lecturer within 30 days. The applicant alleged the respondents failed to comply within the 30-day period that expired on 25th March 2019 and brought a contempt application on 9th April 2019. The respondents contended they had complied with the order by considering and communicating the appointment decision by letter dated 26th March 2019, within the stipulated timeframe. The applicant had written an acceptance letter on 23rd April 2019. The contempt application was served on respondents' counsel on 26th April 2019, after the Appointments Board had concluded the matter.

Issues

  1. Whether the respondents are in contempt of the court order dated 25th February 2019.
  2. What remedies are available to the parties?

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Contempt of Court — Elements of Civil Contempt
The ingredients for civil contempt of court are: (i) subsistence of a court order, (ii) the contemnor must be aware of the subsistence of the order, and (iii) the contemnor must act in disobedience of the order.
Civil Procedure — Contempt of Court — Purpose and Nature of Civil Contempt Proceedings
The primary purpose of contempt of court proceedings is to preserve the effectiveness and sustain the power of the court; the secondary purpose is to protect and enforce the party's rights by compelling obedience to court orders. Civil contempt proceedings are only appropriate when the respondent is in active contempt and there is an action or thing that he can be required or coerced to do. The process is coercive, not punitive.
Civil Procedure — Contempt of Court — Damages in Contempt Proceedings
Applications for contempt are for enforcement of court orders and not a means of seeking colossal sums of money to enrich applicants. An applicant is entitled to damages only if she shows that she has suffered damage as a result of the failure to heed the court order. Any award made in contempt proceedings goes to public coffers and is not intended to enrich litigants.
Civil Procedure — Affidavits — Collective Affidavit on Behalf of Multiple Defendants
Where respondents are sued in their collective capacity as a board, an affidavit sworn on behalf of the entire board suffices, and this does not render the application unopposed. The board members act collectively, not individually, in execution of their work, and individual affidavits from each member are not required.

Cases cited (4)

  • Excellent Assorted Manufacturers Ltd v Uganda National Roads Authority (High Court Civil Suit No. 165 of 2015)
  • Odongokara v Kamada [1968] EA 210
  • Stanbic Bank (U) Ltd & Anor v Commissioner General, URA (Miscellaneous Application No. 42 of 2010)
  • M v Home Office [1994] 1 AC 377

Full judgment

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

Kaase-Bwanga v Makerere University & 3 Others (MISCELLANEOUS APPLICATION NO. 222 OF 2019) [2020] UGHCCD 53 (14 April 2020)
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.