Wakilii

Haji Bahadur Khan v Rafiki Cotton Industries Ltd (Civil Suit No.94 Of 2002) (Civil Suit No.94 of 2002)

High Court · [2008] UGHC 110 · 2008 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for unpaid salary, allowances, and breach of contract damages, with defendant's counter-claim for money had and received
Decision
Judgment for plaintiff with monetary awards for salary arrears, food allowance, and general damages; defendant's counter-claim dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the plaintiff proved his cause of action for unpaid salary and food allowance. The plaintiff established he was entitled to monthly salary of US$500 and food allowance of UGX 200,000 while at Aboke Ginnery, and that these amounts remained unpaid from December 1999 to September 2001. The court awarded the plaintiff US$11,000 salary arrears, UGX 400,000 food allowance, US$2,500 general damages for breach of contract, and interest from the date each amount fell due. The defendant's counter-claim was dismissed for lack of credible evidence.

Outcome

Judgment for plaintiff with monetary awards for salary arrears, food allowance, and general damages; defendant's counter-claim dismissed

Facts

The plaintiff was employed by the defendant as a field officer, first in Kampala and later at Aboke Ginnery in Apac district. While in Kampala, he received US$400 monthly salary and UGX 120,000 food allowance. At Aboke, his salary increased to US$500 monthly and food allowance to UGX 200,000 monthly. His employment was terminated in September 2001. From December 1999 to September 2001, the plaintiff was not paid his salary. He was also not paid food allowance for August and September 2001. The defendant admitted employing the plaintiff but disputed the salary amount, claiming it was only US$200 monthly. The defendant counter-claimed for various sums allegedly converted or unaccounted for by the plaintiff and a co-worker, Gulam Hussein, including lint and cotton seed shortages, agency money for cotton purchases, and unauthorized withdrawals.

Issues

  1. Whether the plaintiff has a cause of action against the defendant.
  2. Whether the plaintiff was paid the salary and allowances claimed.
  3. Whether plaintiff is liable for the defendant's claims as stated in the counter-claim.
  4. Whether the parties are entitled to the reliefs claimed.

Orders

  • Judgment entered for the plaintiff against the defendant.
  • Defendant to pay plaintiff US$11,000 or its equivalent in Ugandan shillings at the current rate as at the date of payment, being arrears of salary.
  • Defendant to pay plaintiff UGX 400,000 being food allowance.
  • Defendant to pay plaintiff US$2,500 or its equivalent in Uganda shillings at the current rate as at the date of payment, being general damages.
  • Interest at court rate on the Uganda shilling equivalent of the sums awarded, to run from 01.12.1999 for salary arrears, from 01.08.2001 for food allowance, and from date of judgment for general damages, up to date of payment in full.
  • Plaintiff awarded costs of the suit and costs of the dismissed counter-claim.
  • Counter-claim dismissed.

Rules and key headnotes

Cause of Action — Elements
A cause of action is established once the plaintiff proves being vested with a right, that the right has been violated, and that it is the defendant who is responsible for the violation.
Employment Contract — Salary and Allowances — Burden of Proof
Where an employer disputes the amount of salary and allowances payable under an employment contract, the court will prefer the employee's evidence where it is corroborated by documentary evidence such as payment vouchers, and where the employer's testimony is inconsistent and lacking credibility.
Demeanour and Credibility — Assessment of Witnesses
The court may prefer the evidence of one witness over another based on demeanour, forthrightness in testimony, and consistency with documentary evidence, particularly where one witness appears to be telling half-truths and creating defences to avoid liability.
Counter-claim — Burden of Proof
A defendant pursuing a counter-claim bears the burden of proving the claim on a balance of probabilities, and bare assertions unsupported by credible evidence are insufficient to discharge this burden.
General Damages for Breach of Employment Contract — Assessment
General damages for breach of an employment contract are assessed by reference to the inconvenience and hardship suffered by the employee, the period of non-payment, the amount of arrears, and comparable awards in similar cases.
Interest — Court Rate vs Commercial Rate
Where amounts awarded are arrears of salary and allowances rather than commercial debts, and where the plaintiff has been awarded general damages, it is appropriate to award interest at court rate rather than at a higher commercial rate.

Cases cited (2)

  • Auto Garage v Motokov (1971) EA 514
  • Gullam Hussen v Rafiki Cotton Industries Ltd (Civil Suit No. 93 of 2002)

Full judgment

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

Haji Bahadur Khan v Rafiki Cotton Industries Ltd (Civil Suit No.94 Of 2002) (Civil Suit No.94 of 2002) [2008] UGHC 110 (30 October 2008)
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.