Eseza Byakika v National Social Security Fund (Civil Appeal 6 of 2021)

Supreme Court · [2025] UGSC 11 · 2025 Appeal Struck Out ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Second appeal to the Supreme Court from the Court of Appeal in a matter originating from the Industrial Court; determination of a preliminary objection on jurisdiction.

Decision

Appeal struck out for want of jurisdiction without an order as to costs, by a majority of 4 to 1 (Bamugemereire JSC dissenting).

The full judgment

Read the complete, verbatim text of this judgment.

Cited — treatment unverified cited in 1 (treatment unverified) Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions — always read the source judgment before relying on it.

Holding

On a preliminary objection, the Supreme Court (4-1) held that it lacks jurisdiction to hear an appeal from the Court of Appeal in a matter originating from the Industrial Court. Section 22 of the Labour Disputes (Arbitration and Settlement) Act 2006 confers an appeal from the Industrial Court to the Court of Appeal only on a point of law, and Parliament prescribed no further appeal to the Supreme Court under Article 132(2) of the Constitution. Appellate jurisdiction is a creature of statute and cannot be implied. No grounds were shown to depart from DFCU Bank v Donna Kamuti. The appeal was struck out without costs. Bamugemereire JSC dissented.

Facts

The appellant, Head of Human Resources at the National Social Security Fund, was suspended and summoned before the respondent's Disciplinary Committee after giving an unauthorized media interview to a newspaper in May 2015, in alleged breach of the respondent's communication and confidentiality policy. She was found guilty and dismissed, and her internal appeal was denied. She filed a claim challenging her dismissal in the Industrial Court, which dismissed it on 16 March 2017, finding the dismissal lawful. The Court of Appeal upheld that decision on 30 July 2020. She appealed to the Supreme Court on twelve grounds, the first two raising points of law on jurisdiction. The respondent raised a preliminary objection that the Supreme Court lacked jurisdiction to entertain an appeal from the Court of Appeal in a matter originating from the Industrial Court.

Issues

Whether the respondent could raise a preliminary objection to the competence of the appeal at the hearing without first obtaining leave of court under Rules 78 and 98(b) of the Rules of the Supreme Court.
Whether the Supreme Court has jurisdiction to hear an appeal from a decision of the Court of Appeal in a matter originating from the Industrial Court.
Whether the Court should depart from its previous decision in DFCU Bank Ltd v Donna Kamuti on the ground of an alleged lacuna in Section 22 of the Labour Disputes (Arbitration and Settlement) Act 2006.

Orders

The preliminary objection that the Court lacks jurisdiction to hear the appeal is sustained.
The appeal is struck out for want of jurisdiction.
No order as to costs.

Key headnotes

Jurisdiction — Appellate Jurisdiction as a Creature of Statute

Appellate jurisdiction springs only from statute; there is no inherent appellate jurisdiction, and a right of appeal cannot be implied but must be expressly conferred by Parliament.

Supreme Court Jurisdiction — Article 132(2) of the Constitution

An appeal lies to the Supreme Court from a decision of the Court of Appeal only where such an appeal has been prescribed by a law enacted by Parliament under Article 132(2) of the Constitution.

Industrial Court — Finality of Appeals in Labour Disputes

Section 22 of the Labour Disputes (Arbitration and Settlement) Act 2006 confers an appeal from the Industrial Court to the Court of Appeal only on a point of law and prescribes no further appeal to the Supreme Court, so the Supreme Court has no jurisdiction over appeals in matters originating from the Industrial Court.

Stare Decisis — Departure from Previous Decisions under Article 132(4)

Under Article 132(4) of the Constitution the Supreme Court treats its previous decisions as binding and will depart from them only on established grounds, such as where a decision is per incuriam or conflicts with another decision; a mere assertion of a lacuna does not warrant departure.

Jurisdiction — Raising Jurisdiction and Illegality at Any Stage

Jurisdiction is a fundamental question that may be raised at any stage of proceedings, and an illegality, once brought to the court's attention, overrides all questions of pleadings and procedure and must be determined.

Legislation cited (34)

Constitution of Uganda 1995 art.132(2)
Constitution of Uganda 1995 art.132(4)
Constitution of Uganda 1995 art.129
Constitution of Uganda 1995 art.129(1)(d)
Constitution of Uganda 1995 art.129(2)
Constitution of Uganda 1995 art.139(2)
Constitution of Uganda 1995 art.40
Constitution of Uganda 1995 art.86
Constitution of Uganda 1995 art.28
Constitution of Uganda 1995 art.42
Constitution of Uganda 1995 art.44
Constitution of Uganda 1995 art.126(2)(e)
Labour Disputes (Arbitration and Settlement) Act 2006 s.22
Labour Disputes (Arbitration and Settlement) Act 2006 s.2
Labour Disputes (Arbitration and Settlement) Act 2006 s.3
Labour Disputes (Arbitration and Settlement) Act 2006 s.4
Labour Disputes (Arbitration and Settlement) Act 2006 s.6(1)
Labour Disputes (Arbitration and Settlement) Act 2006 s.7
Labour Disputes (Arbitration and Settlement) Act 2006 s.8
Labour Disputes (Arbitration and Settlement) Act 2006 s.15
Labour Disputes (Arbitration and Settlement) Act 2006 s.18
Employment Act 2006 s.92
Employment Act 2006 s.93
Employment Act 2006 s.66
Employment Act 2006 s.12
Employment Act 2006 s.13
Judicature Act s.6(1)
Judicature Act s.7
Judicature Act s.5
Practice Direction No. 02 of 2005
Rules of the Supreme Court r.78
Rules of the Supreme Court r.98(b)
Rules of the Supreme Court r.70(1)(a)
Rules of the Supreme Court r.2(2)

Cases cited (27)

DFCU Bank Ltd v Donna Kamuti (Civil Application No. 29 of 2019)
Baku Raphael Obudra v Attorney General (Constitutional Appeal No. 1 of 2005)
Zubeda Mohammed v Wallia and Another (Reference No. 2 of 2016)
Paul Elvis Owor v Nicholas Kanyanya (Civil Application No. 50 of 2021)
Rwabugande Moses v Uganda (Criminal Appeal No. 25 of 2014)
Uganda Law Society v Attorney General (Constitutional Appeal No. 1 of 2006)
Seminole Tribe of Florida v. Florida, 91-12, 11 US 44
Beatrice Kobusingye v Fiona Nyakana (Civil Appeal No. 18 of 2001)
Makula International v Cardinal Nsubuga (Civil Appeal No. 4 of 1981)
Desai v. Warsama [1967] 1 EA 351
Attorney-General v. Shah (No. 4) [1971] 1 EA 50
Young v. Bristol Aeroplane Co Ltd [1944] 2 All ER 293
Bogere Moses v Uganda (Criminal Appeal No. 1 of 1997)
Fr. Narsensio Begumisa and 3 others v Eric Tibebaga, 2004 UGSC 18
Asaph Ruhinda Ntengye v Attorney General (Constitutional Petition No. 33 of 2016)
Brenda Kwagala v Youth Alive (Labour Dispute Reference No. 9 of 2022)
Pepper (Inspector of Taxes) v Hart (1992) UKHL 3
201 Former Employees of G4S Security Services Uganda Ltd v G4S Security Services Uganda Ltd (Civil Appeal No. 18 of 2010)
Rabo Enterprises (U) Ltd v Commissioner General URA (Civil Appeal No. 55 of 2005)
Attorney General v Tinyefuza (Constitutional Appeal No. 1 of 1997)
Ridge v Baldwin And Others [1953] 2 All ER
Mpungu & Sons Transporters Ltd v Attorney General (Civil Appeal No. 17 of 2001)
Ismail Dabule v The Attorney General of the Republic of Uganda EACJ (Appellate Division) Appeal No 1 of 2018
Uganda Breweries Ltd v Uganda Railways Corporation (2002) ES 634
R (Bonhoeffer) v General Medical Council [2011] EWHC 1585
R v Horncastle & Others [2009] UKSC 14
Kamba Saleh v Attorney General (Constitutional Petition No. 38 of 2012)

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