Reuben Kajwarire v Attorney General (Civil Suit No. 214 Of 2005) (Civil Suit No. 214 of 2005) [2009] UGHC 127 (27 June 2009)
Court
High Court of Uganda
Case number
Civil Suit No. 214 of 2005
The court found that the plaintiff was appointed on permanent and pensionable terms and served for 15 years. The evidence showed that after the collapse of the East African Community, Soroti Flying School was taken over by Public Service, and the plaintiff was paid by Public Service. The retrenchment letter was issued by the Head of Civil Service, confirming his employment status. The court held that the plaintiff's non-confirmation was not his fault and that he was a pensionable officer. The court relied on Abola & Others v Attorney General, which established that retrenched officers who hav…
The Supreme Court held that the appellant, having served in the Public Service for 19 years and 11 months and being wrongfully dismissed at age 45, was entitled to pension and gratuity under the Constitution and the Pensions Act. The Court of Appeal erred in treating the claim for pension as speculative and in failing to recognize that the relief for terminal benefits was pleaded and addressed. The omission of ten months' salary in the computation of special damages was an error apparent on the face of the record, justifying review. The Court also found that the appellant was entitled to sala…