Makondere v Kyenjojo District Local Government (HCT-01-CV-MA-0012-2025) [2025] UGHC 275 (25 April 2025)
Court
High Court of Uganda
Case number
HCT-01-CV-MA-0012-2025
Judge
Wagona, J
The High Court dismissed an application for a temporary mandatory injunction seeking reinstatement as Town Clerk/Principal Township Officer pending a related civil suit.
The court found that while the Respondent had the right to restructure and declare redundancies, it failed to comply with the mandatory procedural requirements under Section 80 of the Employment Act. Specifically, there was no admissible evidence that the Labour Commissioner was notified in writing within the statutory period, and the Claimants were not given proper written notice of impending redundancy. The purported redundancy notices were in fact termination letters, and the consultative process was neither transparent nor objective. The Respondent's reliance on virtual 'town hall' meetin…
The Industrial Court's jurisdiction is limited to labour disputes as defined under the Labour Disputes (Arbitration and Settlement) Act (LADASA) and does not extend to claims for compensation for workplace injuries, which are governed by the Workers Compensation Act and fall within the jurisdiction of the Magistrates Court. The claimant's memorandum of claim included a claim for compensation for injuries suffered during employment, which is inseparable from the other claims. According to binding Supreme Court authority, if a court lacks jurisdiction over any part of a case, it lacks jurisdict…
The Industrial Court does not have jurisdiction to entertain claims arising under the Workers Compensation Act, as jurisdiction for such matters is vested exclusively in the Magistrates Court under the Act. Where a claim is partially brought for compensation for workplace injury, the Industrial Court lacks jurisdiction to determine the entire claim, in accordance with the principle that a court cannot adjudicate a case if any part falls outside its jurisdiction. The claimant's claim, being in part for compensation for injuries suffered during employment, is not properly before the Industrial…
The Industrial Court held it lacked jurisdiction over a workers compensation claim arising from a workplace injury and dismissed the case with no order as to costs.
Aliganyira v Rwenzori Diocese Savings & Credit Cooperative Society Limited (Civil Suit 13 of 2022) [2024] UGHC 365 (24 May 2024)
Court
High Court of Uganda
Case number
Civil Suit 13 of 2022
Judge
Mugabo, J
The court found that while the defendant initiated the criminal proceedings by reporting the plaintiff to police, it did so based on internal supervisory and forensic audit reports indicating financial irregularities, ghost accounts, and misuse of accounting software during the plaintiff's tenure as manager. The directors genuinely believed the plaintiff was responsible for the losses, and this belief was supported by the trial court's finding of a prima facie case and conviction, even though the conviction was later overturned on appeal. The court held that the existence of reasonable or pro…
Musinguzi v Centenary Rural Development Bank Limited (Miscellaneous Appeal 23 of 2021) [2024] UGCommC 284 (26 March 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Appeal 23 of 2021
Judge
Anna B. Mugenyi, J
The court held that the requirement under Regulation 13(1) of the Mortgage Regulations, 2012, to deposit 30% of the forced sale value or outstanding amount as a security deposit before a sale can be stayed, remains valid and binding. The constitutional challenge to a similar provision in tax law did not repeal or invalidate Regulation 13, and the Supreme Court's decision in Uganda Projects Implementation and Management Centre v Uganda Revenue Authority is binding. The Appellant was aware of the outstanding amount and could have deposited 30% of it. Since the statutory prerequisite was not met…
The Industrial Court dismissed an application for interim injunction, holding that a similar injunction over the same property and parties was already pending in the High Court.
The respondent, International Organisation for Migration, enjoys diplomatic immunity from legal process in Uganda for actions performed in its official capacity, including employment decisions. This immunity is conferred by the Diplomatic Privileges Act, the relevant Regulations, and the Cooperation Agreement with the Government of Uganda, which incorporates the Convention on the Privileges and Immunities of Specialized Agencies. The applicant's employment and termination were official acts, and no waiver of immunity was shown. Therefore, the Industrial Court lacks jurisdiction to compel prod…