Makerere University v Lubowa and 3 Others (Civil Miscellaneous Application No. 17 of 2020) [2021] UGIC 5 (29 January 2021)
Court
Industrial Court of Uganda
Case number
Civil Miscellaneous Application No. 17 of 2020
Judge
Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
The Industrial Court allowed Makerere University to join the Attorney General as co-defendant, finding the government a necessary party in the salary dispute.
The Supreme Court held that the appellants' cause of action did not accrue in 1983 when the initial salary scale circular was issued, but only when the respondent's University Council made a final decision in November 2001 to keep the appellants at M6, after years of studies, negotiations, and shifting positions. The Court found that until the final decision, all material facts necessary for the cause of action were not present, as the respondent itself had commissioned studies and made representations that the matter was under review. The Court rejected the argument that mere negotiations or…