Makerere University v Prof. John Jean Barya & Others (Miscellaneous Application 639 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that applications for temporary injunction to restrain implementation of Staff Appeals Tribunal decisions pending determination of main judicial review applications should be granted. The court found that the main applications had a significant chance of success and that there was a risk of injury which may not be atoned by compensation, particularly regarding setting bad precedents and fettering the Appointments Board's decision-making power. Preliminary objections concerning the independence of the Tribunal and alleged abuse of process were framed as triable issues in the main applications rather than determined at the interlocutory stage.

Outcome

Temporary injunction granted restraining implementation of Tribunal decisions pending determination of main judicial review applications

Facts

Makerere University applied to restrain implementation of two Makerere University Staff Appeals Tribunal decisions. In the first, the Tribunal ordered the Appointments Board to reconsider Prof John Jean Barya's post-retirement contract within 30 days and awarded him UGX 100,000,000 in general damages. The Appointments Board had rejected Prof Barya's post-retirement contract, which the Tribunal found improper and unfair when read against the University Human Resource Manual. In the second matter, Associate Prof Wilfred Lajul's post-retirement contract was initially granted for six months but his effort to renew it was rejected by the Appointments Board, leading to a successful appeal before the Tribunal. Makerere University sought to challenge both Tribunal decisions by way of judicial review and applied for temporary injunctions pending determination of the main applications. The respondents raised preliminary objections that the motions were an abuse of process and undermined the Tribunal's independence.

Issues

1. Whether the preliminary objections raised can better be tried in the main applications.
2. Whether the applications for temporary injunction should be granted.

Orders

• The applications for temporary injunction granted.
• Implementation of the Makerere University Staff Appeals Tribunal decisions in favour of Prof John Jean Barya and Associate Prof Wilfred Lajul restrained pending determination of the main applications.
• Miscellaneous Application No. 117 of 2024 and all applications arising out of it consolidated with Miscellaneous Application No. 639 of 2024.
• Costs to await the outcome of the main application(s).

Rules and key headnotes

Legislation cited (14)

• Constitution of Uganda article 128(1)
• University and Other Institutions Act s.51(1)
• University and Other Institutions Act s.56(4)
• University and Other Institutions Act s.57
• University and Other Institutions Act s.57(2)
• Judicature Act Cap 1 s.37
• Judicature Act Cap 1 s.42(1)
• Judicature Act Cap 1 s.51(1)
• Civil Procedure Act Cap 282 s.98
• Civil Procedure Rules SI 71-1 Order 11 Rule 1
• Civil Procedure Rules SI 71-1 Order 11 Rule 2
• Civil Procedure Rules SI 71-1 Order 41 Rule 2
• Civil Procedure Rules SI 71-1 Order 41 Rule 3
• Civil Procedure Rules SI 71-1 Order 41 Rule 9

Cases cited (16)

• Nzeyi v Bank of Uganda and Another (Court of Appeal No. 1 of 2013)
• Daniel Mukwaya v Administrators General (Civil Suit No. 6360 of 1993)
• Erisa Rainbow Musoke v Ahamada Kezala [1987] HCB 81
• Robert Kavuman v Hotel International (Supreme Court No. 8 of 1999)
• American Cyanamid Co v Ethicon Ltd [1975] 1 All ER 504
• Victor Constructions Works Ltd v Uganda National Roads Authority (Miscellaneous Application No. 601 of 2010)
• City of Kampala v Donozio Musisi Kekyaya (Court of Appeal No. 30 of 2000)
• Behanga Domaro and Another v Attorney General (Constitutional Petition No. 73 of 2010)
• Kiyimba-Kaggwa v Hajji Katende Abdunasser [1985] HCB 43
• Bet City (U) Ltd and Another v Swangz Avenue Ltd (Miscellaneous Application No. 117 of 2020)
• Rutuku Francis and others v Eliphas Ndamagye (Court of Appeal No. 111 of 2017)
• New Vision Publishing Corporation and 2 Others v Peter Kagwa [2007] KSLT 391
• Fredrick Zabwe v Mars Trading Co and Another [1998] KALR 57
• Yahaya Kariisa v Attorney General & Another (Supreme Court Criminal Appeal No. 7 of 1994) [1997] HCB 29
• Patrick Nkoba v Rwenzori Highland Tea Co & Another [1999] KALR 776
• Prof John Jean Barya v Makerere University (Staff Appeals No. 6 of 2021)

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