Wakilii

Nkamushaba v Makerere University & 5 Others (MISCELLANEOUS APPLICATIONS NO. 709 & 540 OF 2018)

High Court · [2019] UGHCCD 242 · 2019 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for contempt of court arising from alleged failure to comply with temporary injunction orders
Decision
Application for contempt dismissed as the underlying dispute had become moot after the university lifted the applicant's suspension before the contempt application was filed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court dismissed the contempt application, holding that the matter was moot because the university had revoked the applicant's suspension on 30 October 2018 before the contempt application was filed on 16 November 2018. The temporary injunction orders restraining enforcement of the suspension had been overtaken by events and complied with, meaning no contempt existed.

Outcome

Application for contempt dismissed as the underlying dispute had become moot after the university lifted the applicant's suspension before the contempt application was filed

Facts

The applicant, a student at Makerere University, was suspended by decision dated 19 September 2018. He obtained temporary injunction orders on 17 October 2018 restraining the university from enforcing the suspension and requiring his reinstatement pending judicial review. On 30 October 2018, the university revoked the suspension and reinstated the applicant. On 16 November 2018, the applicant filed this contempt application alleging the respondents had failed to comply with the injunction orders by keeping him suspended, denying portal access, and refusing to register him for examinations. The respondents opposed, arguing the suspension had been lifted and the applicant was back at university sitting examinations before the contempt application was filed.

Issues

  1. Whether the Respondents jointly and/or severally acted in contempt of court by failing to comply with temporary injunction orders.
  2. What remedies are available to the parties.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Contempt of Court — Elements — Proof Required
For contempt of court to be established, the complainant must prove three elements: the existence of a lawful order; the potential contemnor's knowledge of the order; and the potential contemnor's failure to comply with the order.
Contempt of Court — Standard of Proof
In cases of alleged contempt, the breach must not only be precisely defined but also proved to a standard higher than a balance of probabilities, though not as high as proof beyond reasonable doubt.
Contempt of Court — Mootness — Matter Overtaken by Events
Where a court order has been complied with and the underlying dispute resolved before a contempt application is filed, the contempt application becomes moot and should be dismissed as there is no live dispute for determination.
Function of Courts — Live Disputes
Courts are enjoined not to determine cases merely for academic purposes. There must be live disputes between parties to be determined.

Cases cited (4)

  • Dr. Joseph Wasswa Matovu v Prof. Ddumba Ssentamu & 2 Others (HCMA No. 499 of 2012)
  • R v Breamblevale [1969] 1 Ch 128
  • Housing Finance Bank Ltd & Another v Edward Musisi (CAMA No. 158 of 2010)
  • Amrit Goyal v Harichand Goyal & 3 Others (CACA No. 109 of 2004)

Full judgment

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

Nkamushaba v Makerere University & 5 Others (MISCELLANEOUS APPLICATIONS NO. 709 & 540 OF 2018) [2019] UGHCCD 242 (13 December 2019)
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.