Wakilii

Antony Gatare v URA (HCT-00-CV-CS-0618 OF 1999) (HCT-00-CV-CS-0618 of 1999)

High Court · [2002] UGHC 25 · 2002 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract of employment
Decision
Plaintiff's claim for back pay and damages dismissed

Observed later treatment

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

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

No adverse treatment recorded Cited 1 time with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

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

Held that where an army officer was seconded to Uganda Revenue Authority and subsequently recalled by the Uganda Peoples Defence Forces, his employment with URA was effectively terminated upon recall by the seconding agency regardless of whether URA issued written notice of termination. The officer could not claim compensation for a service he was no longer capable of rendering and must address salary claims to the UPDF.

Outcome

Plaintiff's claim for back pay and damages dismissed

Facts

Anthony Gatare, a UPDF sergeant, was seconded to Uganda Revenue Authority in December 1992 and appointed Assistant Revenue Officer. In October 1997, URA sent him on leave but continued paying his salary. In December 1997, the Army's Anti-Smuggling Unit recalled all UPDF officers from URA, listing Gatare among them. He was redeployed in the Army and began drawing Army salary from January 1998. URA calculated and paid terminal benefits but did not issue written notice of termination. Gatare then sued for back pay from December 1997, claiming 58 months' salary totaling UGX 58,268,000, plus interest and damages.

Issues

  1. Whether the plaintiff was entitled to back pay and damages from Uganda Revenue Authority after being recalled by UPDF.
  2. Whether the plaintiff's employment with Uganda Revenue Authority subsisted after his recall by the Army.

Orders

  • Suit dismissed.
  • Costs awarded to the defendant.

Rules and key headnotes

Employment & Labour — Secondment — Effect of Recall by Seconding Agency on Employment Contract
Where an employee is seconded by one employer to serve another, the recall of the employee by the seconding employer effectively terminates the contract of employment with the receiving employer, regardless of whether the receiving employer issues written notice of termination.
Contract Law — Employment Contracts — Secondment Arrangements — Capacity to Render Service
An employee who has been recalled by the seconding agency and is no longer capable of rendering service to the receiving employer cannot maintain a claim for compensation or remuneration against that employer.
Employment & Labour — Remedies — Proper Party for Salary Claims
Where an employee seconded from the army to a civilian employer is recalled and subsequently receives no pay from either employer, claims for salary arrears must be addressed to the seconding military authority, not the civilian employer.

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Antony Gatare v URA (HCT-00-CV-CS-0618 OF 1999) (HCT-00-CV-CS-0618 of 1999) [2002] UGHC 25 (29 October 2002)
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.