On April 1, 2010, Dr Gabriel Wasswa was appointed an assistant lecturer in the Department of Economic Theory and Analysis at Makerere University. It was Fools’ Day.
Four years later, the university granted him a fully paid study leave to pursue a PhD at the University of Nottingham, running from October 1, 2014, to September 30, 2017. He was later given a two-year extension to finish his studies by October 31, 2019.
Wasswa says he submitted his dissertation and sought a further short extension to deal with graduation logistics. In December 2019, his daughter fell ill, and he was given additional leave to care for her.
In early 2020, the world went into a Covid-19 lockdown, and international travel became difficult. Dr Wasswa says he remained in the United Kingdom, took part in online teaching, and helped colleagues prepare electronic classes during the pandemic.
But Makerere insists Wasswa absconded from work, yet he continued drawing a salary. It wants him to refund Shs 159 million advanced to him.
Makerere University had applied for summary relief under the Civil Procedure Rules that would have prevented Wasswa from defending the claim unless he first obtained leave from the court.
Wasswa responded with an application asking the court for unconditional leave to defend himself. His lawyers argued that he has a genuine defence, that he carried out assigned duties remotely, and that the question of whether he must refund the money is already before the university’s Staff Appeals Tribunal.
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In a carefully written ruling, Justice Joyce Kavuma reviewed the legal test for summary disposal. The simple test is: If the defendant raises even a single bona fide triable issue, a full hearing is required.
The judge noted that Wasswa did not deny receiving the salary payments. The central dispute was whether he was liable to refund them. On the evidence before the court, Justice Kavuma found that the applicant had raised “arguable grounds that will need the attention of a trial” and that “there are issues that need to be investigated” by a full hearing.
The judge therefore allowed Wasswa’s application and granted him unconditional leave to appear and defend the suit.
The ruling does not decide whether Wasswa actually owes the money. It only means he will be permitted to present his defence at a full trial where witnesses will be called, documents will be tested, and the court will decide who is right.
In legal terms, Wasswa won the skirmish, but the main battle is yet to come. He has 15 days to file his defence.
