Uganda Case Law

Kalibala & Others v The Permanent Secretary/ Secretary to the Treasury, Ministry of Finance, Planning & Economic Development

Kalibala & Others v The Permanent Secretary/ Secretary to the Treasury, Ministry of Finance, Planning & Economic Development (Miscellaneous Application 114 of 2023) [2024] UGHCCD 71 (12 March 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 114 of 2023

Judge

Baguma, J

The court found that the applicants, as former employees of Uganda Electricity Board, had previously obtained a judgment entitling them to payment of calculated and ascertained pension arrears and reinstatement on the pension payroll. Despite several demands and court orders, the respondent failed to comply, and funds allocated for payment were not disbursed to the applicants. The court held that a consequential order was necessary to give effect to its previous judgments and that the applicants had demonstrated a clear legal right to the relief sought. The court issued a writ of mandamus com…

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• Pension Arrears
• Mandamus
• Consequential Orders
• Public Service Retirement
• Interest On Judgment Debt

Rusoke v FortPortal City Council and Another (Misc Cause 11 of 2022)

Rusoke v FortPortal City Council and Another (Misc Cause 11 of 2022) [2023] UGHCCD 198 (23 March 2023)

Court

HC: Civil Division (Uganda)

Case number

Misc Cause 11 of 2022

Judge

Mugabo, J

The court found that the process leading to the applicant's retirement was marred by illegality, procedural impropriety, and unreasonableness. The City Service Commission lacked jurisdiction to retire the applicant, as such power for the position of Deputy Town Clerk is vested in the Public Service Commission. The required procedure, including clearance by the Permanent Secretary, was not followed. The applicant was subjected to discrimination, as other staff without the required master's degree were retained and given grace periods, while he was not. The decision to retire the applicant was…

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• Judicial Review
• Public Service Retirement
• Procedural Fairness
• Discrimination In Employment
• Local Government Staffing

Ekwang v Oyam District Local Government

Ekwang v Oyam District Local Government (Miscellaneous Cause 6 of 2018) [2023] UGHC 348 (21 February 2023)

Court

High Court of Uganda

Case number

Miscellaneous Cause 6 of 2018

Judge

Ajiji, J

The High Court at Lira quashed the retirement of a Human Resource Officer, finding the district service commission failed to give adequate notice and a fair hearing.

• Judicial Review
• Fair Hearing
• Procedural Impropriety
• Public Service Retirement
• Certiorari
• Mandamus

Kwezi v Attorney General

Kwezi v Attorney General (Civil Appeal No. 0023 of 2009) [2011] UGHC 189 (31 March 2011)

Court

High Court of Uganda

Case number

Civil Appeal No. 0023 of 2009

Judge

Zehurikize, J

The court found that Regulation 32(1) of SI 80 of 2000 does not create a fixed term contract of employment but merely sets the maximum period an officer may serve and the age limit for retirement. The appellant's appointment was subject to the Security Organizations Statute and did not specify a fixed term. The Supreme Court decision in Bank of Uganda v Betty Tinkamanyire established that claims for compensation for the remainder of a contract period after premature termination are speculative and not sustainable in law. The restructuring and reorganization of the External Security Organizati…

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• Termination Of Employment
• Fixed Term Contracts
• Public Service Retirement
• Terminal Benefits