Nakiranda v British American Tobacco Uganda (1984) Ltd (Civil Suit No.450 of 1997)

Observed later treatment

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.

Holding

Held that the plaintiff failed to establish wrongful dismissal on a balance of probabilities. The court found it more probable than not that the plaintiff had a hand in a fraud involving a cancelled cheque worth UGX 6,000,000, particularly given unrebutted evidence that she proposed fabricating a replacement voucher to cover up the fraud. An employer is entitled to summarily dismiss an employee guilty of serious misconduct amounting to repudiation of the employment contract. Claim for general damages dismissed. Plaintiff ordered to pay defendant UGX 814,000 being the outstanding balance on her housing loan after set-off against terminal benefits.

Outcome

Plaintiff's claim dismissed. Defendant's counter-claim for outstanding loan balance granted. Land title to be released to plaintiff upon payment of UGX 814,000.

Facts

The plaintiff, employed as accounts superintendent with the defendant company, was terminated on 23 December 1996 following internal investigations into a fraud case involving a cancelled cheque for UGX 6,000,000. The cheque had been issued for pension benefits payable to Margaret Equal but was supposed to be cancelled when a replacement cheque payable at Gulu was issued. The cancelled cheque was cashed, defrauding the company. The defendant's letter of termination accused the plaintiff of lying to management during fraud investigations, negligently passing important documents to junior staff which facilitated the fraud, and contravening company standing instructions by entering the plant outside working hours with unauthorised visitors without registering in security books. The plaintiff had also obtained a housing loan of UGX 9,000,000 from the defendant, secured by a land title. After set-off of terminal benefits against the loan, the plaintiff owed UGX 814,000.

Issues

1. Whether the plaintiff was wrongfully dismissed by the defendant.
2. Whether the plaintiff was guilty of misconduct justifying summary termination of employment.
3. Whether the plaintiff was entitled to general damages for wrongful termination.
4. What amount, if any, the plaintiff owed the defendant upon termination after set-off of terminal benefits against her housing loan.

Orders

• Claim for general damages for wrongful dismissal dismissed with costs.
• Plaintiff ordered to pay UGX 814,000 to the defendant being the outstanding balance on her housing loan.
• Upon payment of UGX 814,000, the defendant shall surrender the land title (Kibuga Block 185 Plot 759 Kyadondo) to the plaintiff.
• Counter-claim succeeds to the extent stated.

Rules and key headnotes

Legislation cited (2)

• Evidence Act Cap 43 s.132
• Civil Procedure Rules O.16 r.12

Cases cited (2)

• Eletu v Uganda Airlines Corporation [1984] HCB 39
• Barclays Bank of Uganda v Godfrey Mubiru (Civil Appeal No. 1 of 1998)

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.

• Nakiranda v British American Tobacco (1984) (U) Ltd (CIVIL APPLICATION NO. 40 OF 2000)

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