Wakilii

Ssenkaali and Others v Attorney General (Civil Appeal No 55 of 2005)

Court of Appeal · [2007] UGCA 84 · 2007 Appeal Allowed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Civil appeal from the High Court dismissal of a representative suit for service benefits
Decision
Appeal allowed; appellants declared entitled to salary arrears, allowances, gratuity, pension, general damages and discharge certificates

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Cited — treatment unverified cited in 3 (treatment unverified) Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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Holding

The Court of Appeal held that Legal Notice No. 1 of 1986 (as amended) did not terminate the appellants' appointments because soldiers' appointments were held under Article 78(2) of the Constitution, which fell under Chapter Six and was not suspended. Even if termination had been effected, the President was bound to act in accordance with the law and the relevant Armed Forces regulations, which was not done. Non-deployment is not termination, and the appellants' services were continued under the NRA Statute. Their claims for salary arrears were continuous and not time barred. The appeal was allowed and the appellants declared entitled to their benefits.

Facts

The appellants brought a representative suit on their own behalf and on behalf of some 45,000 members of the Uganda Army Servicemen Development Association. They sought a declaration that they were entitled to salary arrears, terminal benefits, gratuity, food rations, clothing, travel and professional allowances, and discharge certificates, on the basis that they were employed in Government service as members of the Uganda Army. Following political changes in 1979, they were disarmed and detained at various prisons. After release they were told to report to their District Commissioners and await further deployment. They were never deployed, paid any salaries or allowances, nor issued discharge certificates. The respondent contended that the appellants were not in UPDF employment and that the Government was not responsible. The High Court dismissed the suit, holding that the appellants' services were terminated by Legal Notice No. 1 of 1986 and the suit was time barred.

Issues

  1. Whether paragraph 1 of Legal Notice No. 1 of 1986 (as amended) terminated the appellants' appointments as soldiers.
  2. Whether the appellants' suit was time barred.
  3. Whether the appellants were entitled to the reliefs sought.

Orders

  • Appeal allowed.
  • Order dismissing the appellants' suit set aside.
  • The appellants' suit succeeds.
  • Declaration that the appellants are entitled to be paid their salary arrears and/or allowances, gratuity and pension where appropriate.
  • The respondent to calculate and assess the amount due to each individual appellant without undue delay and to pay it.
  • General damages of shillings 100,000 each.
  • The respondent to issue the appellants' discharge certificates.
  • Interest on salary arrears at court's rate from the date of filing the suit till payment in full.
  • Interest on general damages at court's rate from the date of judgment till payment in full.
  • Costs of the suit awarded.
  • Certificate for two advocates granted.

Key headnotes

Statutory Interpretation — Scope of Termination — Legal Notice No. 1 of 1986
Paragraph 1 of Legal Notice No. 1 of 1986 terminated only those appointments and offices held before 26 January 1986 pursuant to the powers contained in the suspended articles and chapters of the Constitution; appointments held under unsuspended provisions were not terminated.
Constitutional Law — Removal from the Army — Compliance with the Law
Removal of soldiers from the army is a matter of law; the President, even when exercising prerogative powers under Article 78(2), is bound by Article 65(2) to act in accordance with the Constitution and the applicable Armed Forces regulations, and a purported termination not so effected is invalid.
Employment & Labour — Continuity of Service — Non-Deployment
Non-deployment of a soldier does not amount to termination of service; where statute continues the existence of pre-existing armed forces and the services of their members, those members remain in service notwithstanding non-deployment.
Civil Procedure — Limitation — Continuing Cause of Action
Where a claimant's services subsist and remain unpaid, claims for salary arrears are continuous in nature and the action is not time barred.
Statutory Interpretation — Integrated Whole — Reading Provisions Together
A Constitution must be read as an integrated whole with no provision destroying another but each sustaining the other, and all provisions concerning an issue must be considered together to give effect to the purpose of the instrument.

Legislation cited (14)

  • Legal Notice No. 1 of 1986 para. 1
  • Legal Notice No. 1 of 1986 s.14A
  • Legal Notice No. 1 of 1986 (Amendment) Decree No. 1 of 1987
  • Legal Notice No. 1 of 1986 (Amendment) (No. 2) Statute No. 9 of 1989
  • Constitution (1967) Article 65(2)
  • Constitution (1967) Article 78(2)
  • Constitution (1967) Article 175
  • NRA Statute No. 3 of 1992 s.105
  • NRA Statute No. 3 of 1992 s.109(1)
  • NRA Statute No. 3 of 1992 s.109(2)(b)
  • Armed Forces (Conditions of Service) (Officers) Regulations 1969 (SI 30/69) reg.32
  • Armed Forces (Conditions of Service) (Men) Regulations 1969 (SI 31/69) reg.13
  • National Resistance Army (Conditions of Service) (Officers) Regulations 1993 reg.27
  • Civil Procedure Rules O.7 r.6

Cases cited (1)

  • Attorney General VS Major General David Tinyefuza (supra)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.