Wakilii

C, E, H, I, J, K, L, V, W, X, Y, Z v Attorney General and Another (Civil Suits No.278,280,283,284,285,286,289,290,291,292,293,296 of 2013)

High Court · [2020] UGHCCD 232 · 2020 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suits for damages arising from alleged trafficking, slavery, and breach of statutory duty in labour export to Iraq
Decision
Suit partly succeeded against the 1st defendant for breach of statutory duty; trafficking claim against 2nd defendant dismissed

Observed later treatment

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Holding

The court held that it had jurisdiction as the employment contracts were executed in Uganda under Ugandan law. The court found that the plaintiffs voluntarily applied and signed contracts to work as housemaids, rejecting claims of deception. However, the court held that the 1st defendant (Attorney General) breached its statutory duty under the Employment (Recruitment of Ugandan Migrant Workers Abroad) Regulations 2005 by failing to establish Labour Assistance Centres at airports to protect migrant workers. The court rejected the trafficking claim, finding that while the plaintiffs suffered mistreatment in Iraq, they were not trafficked into slavery as they voluntarily sought and accepted the employment.

Outcome

Suit partly succeeded against the 1st defendant for breach of statutory duty; trafficking claim against 2nd defendant dismissed

Facts

The plaintiffs were recruited by the 2nd defendant, a licensed labour export agency, to work in Iraq in 2008. They signed employment contracts as housemaids shortly before departure. Upon arrival in Baghdad, they were handed to an Iraqi businessman who deployed them to various homes. The plaintiffs alleged they were subjected to hard labour, non-payment of wages, torture, sexual harassment, and abuse. They complained to Ugandan authorities, including the Ministry of Gender, Labour and Social Development, but received inadequate assistance. The 1st defendant renewed the 2nd defendant's licence in 2009 despite being aware of ongoing complaints. The plaintiffs sued for damages, alleging trafficking, slavery, breach of contract, and breach of statutory duty by the government in failing to monitor and protect migrant workers.

Issues

  1. Whether the High Court of Uganda has jurisdiction to entertain the matter?
  2. Whether the cause of action arose in Uganda?
  3. Whether the plaintiffs voluntarily accepted to go to Iraq to work as maids?
  4. Whether the 1st defendant failed in his statutory duties?
  5. Whether the 2nd defendant trafficked the plaintiffs into slavery?

Orders

  • Suit partly succeeds.
  • Each party shall bear its own costs.

Rules and key headnotes

Employment & Labour — Migrant Workers — Extraterritorial Jurisdiction — Contracts Executed in Uganda
Where employment contracts for work abroad are executed in Uganda under Ugandan law and the recruitment agency is licensed in Uganda, Ugandan courts have jurisdiction to determine disputes arising from those contracts, even where the employment was to be performed abroad and the alleged breaches occurred in a foreign jurisdiction.
Civil Procedure — Jurisdiction — Forum Non Conveniens — Real and Substantial Connection
The determination of proper forum for adjudication of a dispute is governed by the principles in Spiliada Maritime v Cansulex. The defendant bears the legal burden of proving that another jurisdiction has the most real and substantial connection with the dispute. Factors include the law governing the transaction, the availability of witnesses, and where parties reside or carry on business. The main consideration is whether substantial justice can be obtained in the foreign jurisdiction.
Administrative Law — Statutory Duty — Mandatory vs Directory Language — Interpretation of 'May'
Where a statute uses the word 'may' but the underlying objective and context indicate that the power is coupled with a duty, the provision imposes a mandatory obligation on the authority. The use of 'may' in Regulation 54 of the Employment (Recruitment of Ugandan Migrant Workers Abroad) Regulations 2005 imposing a duty on the Ministry to establish Labour Assistance Centres was mandatory, not merely permissive, given the objective of protecting migrant workers from trafficking and exploitation.
Employment & Labour — Migrant Workers — Government Oversight — Breach of Statutory Duty
The Ministry responsible for Employment breached its statutory duty under Regulation 54 of the Employment (Recruitment of Ugandan Migrant Workers Abroad) Regulations 2005 by failing to establish Labour Assistance Centres at international airports to assist, monitor and advise migrant workers on employment terms before departure, thereby failing to protect workers from potential exploitation and trafficking.
Evidence — Credibility — Conflict Between Documentary and Oral Evidence — Objective Facts Test
Where there is acute conflict between oral testimony and documentary evidence, courts must test the credibility of witnesses by reference to objective facts proved independently of their testimony, particularly by reference to contemporaneous documents, the witnesses' motives, and overall probabilities. Documentary evidence signed by parties contemporaneously carries greater weight than subsequent oral testimony contradicting those documents.
Contract Law — Undue Influence — Voluntariness — Burden of Proof
A party alleging undue influence must prove that the other party's conduct was improper or unconscionable and resulted in impairment of their free will. The doctrine of undue influence is not intended to save a person from their own folly but to prevent victimization. Where parties sign multiple documents over an extended period confirming the same terms, claims of undue influence or lack of understanding are difficult to establish.
Human Rights — Trafficking in Persons — Definition — Voluntary vs Involuntary Acts
Trafficking in persons under the Prevention of Trafficking in Persons Act 2009 involves an element of involuntary acts against the will of the person being trafficked. Where persons voluntarily apply for, accept and sign employment contracts for specific work, even if they subsequently suffer mistreatment by their employer abroad, they have not been trafficked into slavery if the initial recruitment was based on their voluntary consent and accurate information about the nature of the work.

Legislation cited (17)

Cases cited (8)

  • Spiliada Maritime v Cansulex [1987] 1 AC 460
  • Sun Jin Engineering Pte Ltd v Hwang Jae Woo [2011] 2 SLR 196
  • Tororo Cement Co. Ltd v Frokina International Ltd (Supreme Court Civil Appeal No. 2 of 2001)
  • Armagas Ltd v Mundogas SA (The Ocean Frost) [1985] 1 Lloyd's Rep 1
  • Custmen SGPS SA v Credit (UK) Ltd [2013] EWHC 3560
  • National Bank of Kenya v Pipe Plastic Sankolit (K) Ltd & Anor [2001]
  • National Westminster Bank plc v Morgan [1985] AC 686
  • Ahmed El Termewy v Hassan Awdi & 3 Others (High Court Civil Suit No. 95 of 2012)

Full judgment

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

C, E, H, I, J, K, L, V, W, X, Y, Z v Attorney General and Another (Civil Suits No.278,280,283,284,285,286,289,290,291,292,293,296 of 2013) [2020] UGHCCD 232 (14 April 2020)
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.