Uganda Case Law

Kizito v Uganda Police Force and Another (Labour Dispute Miscellaneous Application 192 of 2023)

Kizito v Uganda Police Force and Another (Labour Dispute Miscellaneous Application 192 of 2023) [2024] UGIC 63 (8 November 2024)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application 192 of 2023

Judges

Wabwire Musana, J, Musimbi, Panel Member, Bigirimana penal member, Lapenga

The court found that while the Uganda Police Force (UPF) is established by the Constitution and the Police Act, it is not constituted as a corporate body with the capacity to sue or be sued in its own name. The relevant statutes do not confer juristic personality on the UPF, and it is not listed among entities capable of being sued under the Civil Procedure and Limitation (Miscellaneous Provisions) Act. As such, the original suit against the UPF was fundamentally defective and could not be cured by amendment or substitution of the Attorney General as respondent. The authorities are clear that…

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• Amendment Of Pleadings
• Juristic Personality
• Wrongful Dismissal
• Substitution Of Parties
• Vicarious Liability

Kasamba v Paidha Town Council

Kasamba v Paidha Town Council (Civil Suit 4 of 2009) [2024] UGHC 774 (28 August 2024)

Court

High Court of Uganda

Case number

Civil Suit 4 of 2009

Judge

Acellam, J

The High Court partly allowed the plaintiff’s claim for withheld salary and some general damages, rejected wrongful dismissal and discrimination claims, and partially allowed the counterclaim.

• Wrongful Dismissal
• Unlawful Termination
• Victimization At Work
• Special And General Damages
• Wrongful-dismissal
• Employment-law

Musisi Kabuye v Africa 2000 Network (U) and 12 Others (Labour Dispute Miscellaneous Application 19 of 2024)

Musisi Kabuye v Africa 2000 Network (U) and 12 Others (Labour Dispute Miscellaneous Application 19 of 2024) [2024] UGIC 4 (15 March 2024)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application 19 of 2024

Judges

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

The Industrial Court refused leave to amend a claim because the proposed labour remedies were time-barred and no exemption from limitation was pleaded.

• Amendment Of Pleadings
• Limitation Periods
• Wrongful Dismissal
• Compensation For Termination
• Amendment-of-pleadings
• Limitation-periods

MTN Uganda Limited v Mwami

MTN Uganda Limited v Mwami (Miscellaneous Application 309 of 2022) [2023] UGHCCD 286 (6 October 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 309 of 2022

Judge

Nambayo, J

The High Court held that the suit was not res judicata and that the plaint disclosed a cause of action for malicious prosecution, dismissing the strike-out application with costs.

• Res Judicata
• Cause Of Action
• Malicious Prosecution
• Wrongful Dismissal
• Res-judicata
• Cause-of-action

Mutwazagye v Electoral Commission (Labour Dispute Reference No. 238 of 2019)

Mutwazagye v Electoral Commission (Labour Dispute Reference No. 238 of 2019) [2023] UGIC 5 (13 February 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference No. 238 of 2019

Judges

Wabwire Musana, J, Kagoye, Panel Member, Musimbi, Lapenga

The court found that the Respondent's memorandum in reply was general and evasive, failing to provide specific denials or a reasonable answer to the Claimant's allegations of wrongful dismissal, thus offending Order 6 Rules 8 and 10 of the Civil Procedure Rules. However, the court exercised its discretion under Order 6 Rule 30 and Article 126(2)(e) of the Constitution to decline striking out the memorandum in reply, noting that substantive justice required the matter to be heard on its merits. The court considered the attached documents to the memorandum and determined that the deficiencies i…

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• Pleadings Evasive Denials
• Striking Out Defence
• Wrongful Dismissal
• Employment Termination
• Court Discretion
• Substantive Justice

Kamuhanda v National Bank Of Commerce And Bank of Uganda (Labour Dispute Miscellaneous Application 187 of 2021)

Kamuhanda v National Bank Of Commerce And Bank of Uganda (Labour Dispute Miscellaneous Application 187 of 2021) [2022] UGIC 60 (9 March 2022)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application 187 of 2021

Judge

Tumusiime-Mugisha, J, Mugambwa, Panel Member, Mubuuke, Panel Member, Ebyau, Panel Member

The Industrial Court refused to join the Bank of Uganda as co-respondent in a wrongful dismissal claim, holding that no cause of action was shown against it.

• Joinder Of Parties
• Liquidation Procedure
• Wrongful Dismissal
• Cause Of Action
• Privity Of Contract
• Joinder-of-parties

Stanbic Bank Uganda Ltd v Asiimwe

Stanbic Bank Uganda Ltd v Asiimwe (Civil Appeal 18 of 2018) [2020] UGSC 37 (8 October 2020)

Court

Supreme Court of Uganda

Case number

Civil Appeal 18 of 2018

Judge

Buteera, JSC, Mugamba, JSC, Tuhaise, JSC, Mike Chibita, JSC, Muhanguzi, JSC

The Supreme Court held that the bank wrongfully dismissed the employee without a hearing, upheld aggravated damages, but set aside general damages.

• Wrongful Dismissal
• Termination Of Employment
• Natural Justice
• Damages Assessment
• Employment Contracts
• Wrongful-dismissal

Uganda Breweries Ltd v Kigulu

Uganda Breweries Ltd v Kigulu (Civil Appeal No. 0183 of 2016) [2020] UGCA 88 (30 July 2020)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 0183 of 2016

Judge

Kasule, Ag. JA, Musoke, JA, Barishaki, JA

The Court of Appeal upheld liability for wrongful summary dismissal, reduced damages from UGX 275 million to UGX 100 million, and awarded interest from judgment.

• Wrongful Dismissal
• Summary Dismissal
• Procedural Fairness
• Aggravated Damages
• Compensation For Unlawful Termination
• Wrongful-dismissal

Tumuhimbise Vs Centenary Bank Ltd

Tumuhimbise Vs Centenary Bank Ltd (Civil Appeal No. 111 of 2012) [2019] UGCA 46 (8 April 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 111 of 2012

The Court of Appeal held that only the contract claim was time barred, while malicious prosecution and unlawful imprisonment claims were still within time.

• Limitation Of Actions
• Malicious Prosecution
• Unlawful Imprisonment
• Wrongful Dismissal
• Limitation-of-actions
• Malicious-prosecution

Ogwiko v Britania Allied Industries (Labour Dispute Claim 18 of 2016)

Ogwiko v Britania Allied Industries (Labour Dispute Claim 18 of 2016) [2018] UGIC 16 (12 January 2018)

Court

Industrial Court of Uganda

Case number

Labour Dispute Claim 18 of 2016

The court found that the claimant, as store keeper, had a fundamental obligation to ensure that goods dispatched matched the dispatch notes and to supervise the loading process. By allowing excess goods to be loaded and subsequently sold at Mubende, the claimant breached his duty, constituting a fundamental breach under section 69(3) of the Employment Act. Although the respondent was justified in dismissing the claimant for misconduct, the court determined that the disciplinary process did not comply with the fair hearing requirements of section 66 of the Employment Act. The claimant was not…

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• Wrongful Dismissal
• Fair Hearing
• Summary Dismissal
• Employee Obligations
• Disciplinary Procedure