Nuwagaba v Makerere University (Civil Miscellaneous Application No. 7 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for stay of execution dismissed. The court held that in judicial review matters, extreme circumspection must be exercised before staying orders against abuse of power, as a stay would perpetuate illegality until appeal determination. No stay should be granted where there is no evidence of execution proceedings. The applicant sought to avoid disciplinary proceedings ordered by the Staff Tribunal, which would abuse court process and render the tribunal's orders nugatory.
Outcome
Application for stay of execution dismissed; applicant remains subject to fresh disciplinary proceedings as ordered by University Staff Tribunal
Facts
The applicant, a former Makerere University employee, was dismissed by the Appointments Board. He appealed to the University Staff Tribunal, which allowed his appeal in part, set aside the dismissal, and ordered fresh disciplinary proceedings in accordance with natural justice. The Appointments Board commenced fresh proceedings, serving the applicant with a charge sheet. The applicant filed Miscellaneous Application No. 124 of 2020 seeking an injunction to restrain the proceedings. After a full hearing with legal representation, cross-examination, and disclosure, the matter awaited a ruling. The High Court dismissed the applicant's judicial review application in Miscellaneous Application No. 201 of 2020, upholding the Staff Tribunal's decision. The applicant filed a notice of appeal to the Court of Appeal and sought a stay of execution pending that appeal.
Issues
- Whether the court should grant a stay of execution of the judgment in Miscellaneous Application No. 201 of 2020 pending appeal to the Court of Appeal.
- Whether the principles for granting stay of execution apply differently in judicial review matters compared to ordinary civil cases.
- Whether there is evidence of execution proceedings that would warrant a stay order.
Orders
- Application dismissed.
- Costs awarded to the respondent.
Rules and key headnotes
Legislation cited (5)
- Civil Procedure Act s.98
- Judicature Act s.33
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.2
- Civil Procedure Rules O.52 r.3
Cases cited (3)
- Kyazze v Busingye (Supreme Court Civil Appeal No. 18 of 1990)
- Uganda Development Bank v Tumuhimbise (High Court Miscellaneous Application No. 292 of 2021)
- Orient Bank Ltd v Zaabwe (Miscellaneous Application No. 19 of 2007)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.