Wakilii

Kamunye v Uganda Telecommunication Ltd (Civil Appeal No. 69 of 2011)

Court of Appeal · [2018] UGCA 24 · 2018 Appeal Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Civil appeal from a High Court judgment dismissing a suit for recovery of employment benefits and damages
Decision
Appeal dismissed; High Court judgment in favour of the respondent upheld

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Holding

The Court of Appeal dismissed the appeal, holding that the appellant failed to prove, under section 101 of the Evidence Act, that his employment services were transferred to or absorbed by the respondent (Uganda Telecom Limited) following the restructuring of UPTC under the Uganda Communications Act. Having not been absorbed into the respondent's employment, no claim could be raised against it, and the liabilities for terminal benefits remained with UPTC or Government. No general damages claim arose. The Court declined to interfere with the trial judge's discretionary award of nominal costs to the respondent, which had incurred costs filing a defence and arguing preliminary points despite the trial proceeding ex parte.

Facts

The appellant was an employee of Uganda Posts and Telecommunications Corporation (UPTC), a government corporation which was split by law into three entities, one being the respondent, Uganda Telecom Limited. Upon termination of his services on 30 April 1998 for failure to be placed in any new company, the appellant was classified as pensionable and entitled to terminal benefits. He acknowledged receipt of UGX 14,171,564 in terminal benefits but claimed a further UGX 5,384,058 for 11 days worked in June 1998, one month's salary in lieu of notice, leave allowance, three months' pay in lieu of notice, and wrongfully deducted tax. He sued the respondent, asserting his services had been absorbed into it, relying on a photocopied list titled 'Staff Absorbed into UTL'. The respondent denied absorbing him and contended he remained a UPTC employee, with liability resting on UPTC or Government. The trial judge found the appellant had not proved the respondent inherited liability for the claimed items.

Issues

  1. Whether the appellant's services were transferred to or he was absorbed by the respondent under the Uganda Communications Act so as to make the respondent liable for his employment benefits.
  2. Whether the trial judge properly evaluated the evidence in finding that the appellant failed to prove the respondent inherited liability for the claimed items.
  3. Whether a claim of general damages arose against the respondent.
  4. Whether the trial judge wrongly awarded the respondent nominal costs in a matter that proceeded ex parte.

Orders

  • Appeal dismissed with costs.
  • Award of nominal costs by the trial judge upheld.

Key headnotes

Evidence — Burden of Proof — Party Asserting Legal Right Must Prove Facts
A party who asserts a legal right or liability dependent on the existence of facts must prove those facts; an uncorroborated photocopy of unknown authorship is insufficient to prove transfer or absorption of an employee's services.
Employment & Labour — Transfer of Undertakings — Statutory Vesting of Liabilities on Corporate Restructuring
Where a statutory corporation is split into successor entities, only employees whose service contracts were transferred or who were absorbed into a successor entity may claim employment benefits against that entity; an employee who was not so transferred must pursue his former employer.
Statutory Interpretation — General Versus Specific Provisions — Uganda Communications Act
A general provision vesting all assets, rights and liabilities in a successor entity is qualified by specific provisions governing the treatment of employees, which determine liability for employment claims.
Civil Procedure — Costs — Appellate Interference with Trial Court's Discretion
An award of costs is in the discretion of the trial court and an appellate court will not interfere unless the discretion was exercised wrongly or on wrong principles; a respondent who incurred costs filing a defence and arguing preliminary points is entitled to costs even where the trial proceeded ex parte.

Legislation cited (8)

  • Uganda Communications Act (Act 8 of 1997) s.87(1)
  • Uganda Communications Act (Act 8 of 1997) s.88(1)
  • Uganda Communications Act (Act 8 of 1997) s.88(2)
  • Uganda Communications Act (Act 8 of 1997) s.89(2)
  • Uganda Communications Act (Act 8 of 1997) ss.82-84
  • Evidence Act s.101
  • Civil Procedure Act s.27
  • Civil Procedure Rules Order 6 rule 30(1)

Cases cited (3)

  • Iyamulyemye David v Attorney General (Civil Appeal No. 4 of 2013)
  • Mbogo and Another v Shah [1968] EA 93
  • Kiska Ltd v Augelias [1969] EA 6
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.