Uganda Case Law

Mugeme v Wakiso District Local Government (Labour Dispute Reference 38 of 2023)

Mugeme v Wakiso District Local Government (Labour Dispute Reference 38 of 2023) [2024] UGIC 66 (11 October 2024)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 38 of 2023

Judges

Wabwire Musana, J, Namara, Panel Member, Nabirye, Matovu

The court determined that the claimant's cause of action arose from his removal from the payroll in September 2005 and reinstatement in March 2006. The claim was based on breach of the employment contract, not a continuing tort. Under Section 3(2) of the Civil Procedure and Limitation (Miscellaneous Provisions) Act Cap. 283, actions founded on contract against the Government or a local authority must be brought within three years. The claimant's action, filed in 2023, was well outside the statutory period, even accounting for a possible one-year extension for disability. The court rejected th…

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• Limitation Periods
• Employment Contracts
• Salary Arrears
• Statutory Bar
• Continuing Tort
• Public Service Employment

Mugema v Wakiso District Local Government (Labour Dispute Reference 38 of 2023)

Mugema v Wakiso District Local Government (Labour Dispute Reference 38 of 2023) [2024] UGIC 46 (11 October 2024)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 38 of 2023

Judges

Wabwire Musana, J, Namara, Panel Member, Nabirye, Matovu

The court determined that the claimant's action was founded on breach of employment contract, not tort. The applicable limitation law is Section 3(2) of the Civil Procedure and Limitation (Miscellaneous Provisions) Act Cap. 283, which prescribes a three-year limitation period for contractual claims against government or local authorities. The claimant was removed from the payroll in September 2005 and reinstated in March 2006; thus, the cause of action accrued at the latest in 2006. The claim was filed in 2021, well outside the statutory period. The court rejected the claimant's argument that…

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• Statute Of Limitation
• Employment Contracts
• Salary Arrears
• Continuing Tort
• Public Service Employment

Maniraguha Gashumba v Sam Nkundiye

Maniraguha Gashumba v Sam Nkundiye (Civil Appeal No. 23 of 2005) [2014] UGCA 136 (21 February 2014)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 23 of 2005

Judge

Kakuru, JA, Kiryabwire, JA, Ekirikubinza, JA

Second appeal over land trespass and res judicata. The Court held that an unsigned earlier judgment could not sustain res judicata and dismissed the appeal.

• Res Judicata
• Ownership Of Land
• Trespass
• Continuing Tort
• Res-judicata
• Land-trespass

Peter Mulira v Mumtaz Kassam (HCT-00-CC-CS 307 of 2005)

Peter Mulira v Mumtaz Kassam (HCT-00-CC-CS 307 of 2005) [2005] UGCommC 59 (12 October 2005)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 307 of 2005

The High Court dismissed a passing-off suit as time-barred, holding that limitation could be determined on the pleadings and that no continuing tort was properly pleaded.

• Limitation Of Actions
• Passing Off
• Jurisdiction
• Continuing Tort
• Limitation-of-actions
• Passing-off

Eridadi v The Attorney General

Eridadi v The Attorney General (Civil Appeal 6 of 1990) [1991] UGSC 16 (27 February 1991)

Court

Supreme Court of Uganda

Case number

Civil Appeal 6 of 1990

Judge

Manyindo, DCJ, Oder, JSC, Platt, JSC

The Supreme Court held that the tort of unlawful detention (false imprisonment) is a continuing tort, and the cause of action accrues throughout the duration of the detention. Therefore, the appellant is not statute-barred from claiming damages for the period of detention within twelve months before the suit was filed. However, the claim for unlawful arrest and for detention outside the limitation period is statute-barred unless the plaint specifically pleads disability as grounds for exemption, which was not done in this case. The trial judge erred in treating both causes of action as arisin…

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• Limitation Periods
• False Imprisonment
• Unlawful Arrest
• Continuing Tort
• Government Liability