Wakilii

Nabawanuka & 7 Others v Makerere University & 2 Others (MISCELLANEOUS APPLICATION NO. 420 OF 2019)

High Court · [2020] UGHCCD 52 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for contempt of court arising from alleged non-compliance with High Court orders
Decision
Application for contempt dismissed — respondents found not to have contemptuously breached court order

Observed later treatment

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Holding

Held that respondents were not in contempt of a court order requiring consideration of applicants' promotion within 90 days, where the Appointments Board commenced proceedings within the deadline measured from service of the order and completed determination before the contempt application was filed, notwithstanding that the process extended beyond 90 days from the ruling date.

Outcome

Application for contempt dismissed — respondents found not to have contemptuously breached court order

Facts

Eight applicants, long-serving employees of Makerere University employed between 1988 and 2007, remained stagnated at entry-level ranks despite higher qualifications and performing accountant duties. Their promotion applications were blocked by the Human Resource Director. They petitioned the High Court, which on 29 March 2019 quashed the blocking decision and ordered the Appointments Board to determine their applications within 90 days. The court order was extracted on 3 April 2019 and received by the University Secretary on 5 April 2019. The Appointments Board commenced consideration on 7 May 2019 and completed its determination on 3 July 2019, communicating decisions on 4 July 2019. Applicants filed the contempt application on 1 July 2019, alleging the respondents failed to comply within the 90-day deadline.

Issues

  1. Whether the Respondents are in Contempt of a Court Order.
  2. Whether the Applicants are entitled to any remedies.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Contempt of Court — Computation of Time for Compliance
For purposes of determining whether a party has complied with a time-bound court order, the period specified in the order is calculated from the date of service of the order on the party required to comply, not from the date of delivery of the ruling or judgment.
Civil Procedure — Contempt of Court — Substantive Compliance
A party does not commit contempt of court where it commences and diligently pursues compliance with a court order within the time specified, even if the completion of the ordered action occurs after expiry of the period, provided the delay results from the nature of the process and not from wilful disobedience.
Civil Procedure — Contempt of Court — Purpose and Principles
The purpose of contempt proceedings is not to protect the dignity of the court or the judge, but to safeguard the supremacy of the law and ensure that court orders are obeyed by those to whom they are directed, thereby preserving the rule of law and the administration of justice.
Civil Procedure — Contempt of Court — Ingredients of Contempt
The ingredients of contempt of court are: (1) existence of a lawful order; (2) the potential contemnor's knowledge of the order; (3) the potential contemnor's ability to comply; and (4) the potential contemnor's failure to comply with or disobedience of the order.
Civil Procedure — Court Orders — Duty to Comply
A party who knows of a court order cannot be permitted to disobey it regardless of that party's view as to whether the order is valid or invalid, regular or irregular. The order must be complied with in totality. If compliance is not possible for a genuine reason, the party must move the court issuing the order to bring the difficulty to the court's attention, not simply disobey.

Legislation cited (2)

Cases cited (10)

  • Sitenda Sebalu v Secretary General of the East African Community (EACJ Reference No. 8 of 2012)
  • Housing Finance Bank Ltd & Another v Edward Musisi (Miscellaneous Application No. 158 of 2010)
  • Amrit Goyal & 3 Others (Court of Appeal Civil Application No. 109 of 2004)
  • Julianne Sansa Otim v Makerere University (Miscellaneous Cause No. 258 of 2016)
  • Geraldine Busuulwa Ssali v National Social Security Fund & 2 Others (Miscellaneous Application No. 116 of 2016)
  • Elisam Magara v Ddumba Ssentamu & 4 Others (Miscellaneous Application No. 497 of 2015)
  • Johnson vs Grant, 1923 SC 789
  • Kenya Tea Growers Association v Francis Atwoli and 5 ors [2012] eKLR
  • Clarke and Others v Chadburn & Others [1985] 1All E.R (PC), 211
  • In the Matter of Collins Odumba [2016] eKLR

Full judgment

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

Nabawanuka & 7 Others v Makerere University & 2 Others (MISCELLANEOUS APPLICATION NO. 420 OF 2019) [2020] UGHCCD 52 (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.