Wakilii

Magino v National Medicals Stores (Civil Appeal 79 of 2006)

Court of Appeal · [2019] UGCA 2101 · 2019 Appeal Partly Allowed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Civil appeal from High Court judgment dismissing a suit for damages for breach of contract and malicious prosecution
Decision
Appeal substantially succeeded; appellant awarded aggravated and general damages for wrongful dismissal but claim for malicious prosecution failed

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Holding

The Court of Appeal held that the appellant's summary dismissal was unlawful because it breached the respondent's personnel manual and denied him a fair hearing. The respondent, acting through its General Manager who issued a dismissal letter and directed handover of office, was solely liable; assertions that only the Minister could dismiss were ultra vires the National Medical Stores Act. The appellant was awarded aggravated and general damages. On malicious prosecution, the Court held the complaint to police was justified by reasonable grounds; the police and DPP act independently, so any prosecution could not be attributed to the respondent. The appeal substantially succeeded.

Facts

In February 1997 the appellant was appointed Corporation Secretary of the respondent under a two-year contract. On 25 May 1998 he was interdicted on allegations of fraudulent disposal of the respondent's motor vehicle and was charged at Buganda Road Court with embezzlement and false accounting. On 19 August 1998 the acting Permanent Secretary of the Ministry of Health wrote a letter dismissing the appellant, and on 24 August 1998 the respondent's General Manager reiterated the dismissal and directed the appellant to hand over office. The appellant was not granted a hearing before dismissal. Under the respondent's personnel manual, dismissal of the Corporation Secretary required the Minister's action on the recommendation of the respondent's board; the board never recommended the dismissal. The appellant had served one year of the contract. He sued for damages for breach of contract and malicious prosecution. The trial court found a breach but held the appellant not entitled to damages and not maliciously prosecuted.

Issues

  1. Whether the appellant's dismissal was in breach of his contract of employment, and if so whether the respondent was liable for damages.
  2. Whether the respondent could escape liability on the basis that its board did not recommend the dismissal to the Minister.
  3. Whether the appellant was maliciously prosecuted at the instance of the respondent.

Orders

  • The appellant was wrongfully dismissed from his employment by the respondent and the respondent is accordingly liable.
  • The appellant is awarded aggravated damages of UGX 20,000,000 and general damages of UGX 4,000,000.
  • The appellant was not maliciously prosecuted at the instance of the respondent.
  • Two-thirds of the costs in the Court of Appeal and the lower Court are awarded to the appellant.

Key headnotes

Employment & Labour — Wrongful Dismissal — Failure to Afford Fair Hearing
Where an employer dismisses an employee in a manner not warranted by the contract and without affording a fair hearing as required by natural justice and Article 28 of the Constitution, the dismissal is unlawful and the employer is liable in damages.
Employment & Labour — Liability of Employer — Acts of Senior Management
An employer is liable for an unlawful dismissal effected through the contemporaneous acts of its senior management, and cannot escape liability by asserting that its board did not formally recommend the dismissal where such procedural assertions were made ultra vires the empowering statute.
Damages & Quantum — Aggravated Damages — Degrading and Callous Dismissal
Where an employer's acts in dismissing an employee are not only unlawful but also degrading, callous and high-handed, the employee is eligible for an award of aggravated damages.
Tort Law — Malicious Prosecution — Independence of Prosecuting Authorities
A complainant who makes a complaint to police on reasonable grounds cannot be held liable for malicious prosecution where the decision to investigate and prosecute lies independently with the police and the Director of Public Prosecutions, who are not subject to the complainant's control.
Civil Procedure — First Appeal — Duty to Re-appraise Evidence
On a first appeal, the appellate court is under a duty to re-appraise the evidence and draw its own inferences of fact and conclusions, making due allowance for not having seen or heard the witnesses.

Legislation cited (5)

  • Constitution of Uganda 1995 Article 28(1)
  • Constitution of Uganda 1995 Article 126(2)(c)
  • National Medical Stores Act Cap 209 s.14
  • Court of Appeal Rules r.30
  • Court of Appeal Rules r.6

Cases cited (13)

  • Esso Standard (U) Ltd v Amanu Opio (Civil Appeal No. 3 of 1993)
  • Fr. Narcensio Begumisa and Others v Eric Tibebaoga (Civil Appeal No. 17 of 2002)
  • Coghlan vs. Cumberland (1898) 1 Ch. 704
  • Pandya vs. R (1957) EA 336
  • Bogere Moses v Uganda (Criminal Appeal No. 1 of 1997)
  • Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
  • Ridge vs Baldwin [1964] AC 40
  • Stanbic Bank Ltd v Kiyemba Mutale (Civil Appeal No. 2 of 2010)
  • Auto Garage-vs-Motokov (No. 3) [1971] EA 514
  • Bank of Uganda v Betty Tinkamanyire (Civil Appeal No. 12 of 2007)
  • Mutekanga vs Equator Growers (U) Ltd [1995-1998] 2 EA 219
  • Monarch SS Co v Karlshanus Oliefo briker [1949] AC 196
  • Prehn v Royal Bank of Liverpool [1870] LR 5 Ex 92
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.