Wakilii

Prof. Mugisha Anthony v Makerere University Council and Another (Miscellaneous Application No. 0203 of 2025)

High Court · [2026] UGHCCD 24 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from Miscellaneous Cause No. 78 of 2025
Decision
Application for temporary injunction dismissed with directions for expeditious disposal of the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for temporary injunction dismissed. The court held that the applicant failed to establish a serious question to be tried where the Inspector General of Government had investigated and recommended a fresh recruitment process, and the University Council acting within its statutory powers under the Universities and Other Tertiary Institutions Act had declared the position vacant. The applicant also failed to demonstrate irreparable injury that could not be compensated by damages.

Outcome

Application for temporary injunction dismissed with directions for expeditious disposal of the main suit

Facts

Prof. Mugisha Anthony competed for the position of Deputy Vice-Chancellor (Finance & Administration) at Makerere University following an advertisement in February 2024. Three candidates were shortlisted and the University Senate conducted elections. Prof. Mugisha polled the most votes and was recommended for appointment by Makerere University Council. Another candidate, Prof. Alinaitwe Mwanaki Henry, petitioned the Council alleging unfairness in the recruitment process. The Council decided to repeat the recruitment process and advertised the position in March 2025. On 3rd April 2025, the Inspector General of Government halted the recruitment process pending investigations. Following investigations, the IGG set aside the recruitment process that had begun in February 2024 and recommended commencement of a fresh recruitment process. Prof. Mugisha applied for a temporary injunction to restrain the University from repeating the recruitment process.

Issues

  1. Whether the application satisfies the conditions for grant of an order of temporary injunction.

Orders

  • Application dismissed.
  • Costs of the application to abide the outcome of the main suit.
  • Respondents to file their reply by 2nd February 2026.
  • Applicant to file affidavit in rejoinder (if any) by 5th February 2026.
  • Applicant to file written submissions by 5th February 2026.
  • Respondents to file written submissions by 9th February 2026.
  • Applicant to file submissions in rejoinder (if any) by 12th February 2026.
  • Ruling of the main suit to be delivered via ECCMIS by 28th February 2026.

Rules and key headnotes

Temporary Injunctions — Conditions for Grant — Serious Question to be Tried
An applicant for a temporary injunction must show that there is a serious question to be tried in the main suit. Where the Inspector General of Government has investigated a recruitment process and recommended that it be set aside and a fresh process conducted, and those orders have not been set aside by any legal process, the applicant fails to establish a serious question to be tried regarding the validity of a fresh recruitment process commenced pursuant to those recommendations.
University Governance — Powers of University Council — Appointments
Under Section 40(1) of the Universities and Other Tertiary Institutions Act, the University Council is the supreme governing organ of a public university responsible for overall administration. Under Section 50 of the Act, the Appointments Board, as a committee of the University Council, is responsible for the appointment, promotion, removal from service and discipline of all officers and staff of the academic and administrative service of the University. The University Council acting within these statutory powers may declare a position vacant and commence a fresh recruitment process.
Temporary Injunctions — Irreparable Injury — Adequacy of Damages
Irreparable injury means injury so substantial that it cannot adequately be compensated for in damages. An applicant seeking a temporary injunction must prove that if the respondent proceeds with the impugned action, the applicant will suffer irreparable injury. Where any injury suffered by the applicant may be compensated by damages, the condition of irreparable injury is not satisfied.

Legislation cited (5)

Cases cited (3)

Full judgment

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

Prof. Mugisha Anthony v Makerere University Council and Another (Miscellaneous Application No. 0203 of 2025) [2026] UGHCCD 24 (29 January 2026)
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.