Justice Ssekaana says that since the University Appointments Board had complied with the court order, it was not necessary for her to have pursued the court case.
Justice Musa Ssekaana has dismissed a suit in which Makerere University lecturer Dr Elizabeth Kaase Bwanga wanted the institution to be held in contempt of court for failure to promote her.
Dr Kaase had in April 2019 dragged the university and four other members of the Appointments Board to court for contempt of its order in which the Institution had been directed to promote her to the position of Senior Lecturer.
The others are; Former Makerere University Secretary Charles Barugahare, Andrew Abunyang the Human Resource Director and Bruce Kabaasa the then Chairperson of the Appointments Board.
In his Judgement seen by Uganda Times, Justice Ssekaana says that Makerere University is not in any way liable for contempt of court because they considered Dr Kaase’s application and was subsequently appointed to the post of Senior Lecturer.
Justice Ssekaana says that since the University Appointments Board had complied with the court order, it was not necessary for her to have pursued the court case.
Ssekaana declined to grant her the remedies sought citing that it is important to note that applications for contempt are for enforcement of the orders issued by court and are not a way of seeking colossal sums of money to enrich the applicants and their advocates.
He dismissed the application with costs.
Justice Ssekaana had on February 25th 2019 ordered the University to promote Kaase as a Senior Lecturer at the College of Humanities and Social Sciences within 30 days which she says was never implemented.
Dr Kaase thus asked court to find the University in contempt of its orders and be compensated for damages caused to her.
However, during the hearing, Makerere University through their lawyer Hudson Musoke told court that this meant that the board had to convene, and consider the application by March 27 2019 since February was a month of 28 days.
According to the evidence before court adduced by Andrew Abunyang, the Secretary of the Appointments Board, he accordingly communicated the decision in respect of Dr Kaase’s application by letter dated March 26 2019.
The University thus argued that they had complied with the orders of court within the time frame given to them.
Court records also indicate that Dr Kaase wrote an acceptance letter on April 23rd 2019 when she had already been elevated, which prompted the University to argue that her court case served no purpose other than keeping the Institution in endless litigation.
Kukunda Judith
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