Wakilii

Uganda Nurses & Midwives Union v Nassuna (Civil Suit No. 280 of 2013)

High Court · [2013] UGHCCD 161 · 2013 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaratory relief and injunction, heard ex parte after defendant failed to enter appearance despite substituted service
Decision
Plaintiff's claims substantially granted with declarations, permanent injunction and order for return of property issued; general and punitive damages refused

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the defendant was lawfully removed as General Secretary of the plaintiff trade union for failing to convene required meetings for multiple years, holding dual employment contrary to the Labour Unions Act, and forging executive meeting minutes. Her subsequent actions including calling meetings and signing agreements on behalf of the union after removal were declared unlawful and void. Permanent injunction granted restraining her from holding out as General Secretary.

Outcome

Plaintiff's claims substantially granted with declarations, permanent injunction and order for return of property issued; general and punitive damages refused

Facts

The plaintiff trade union was established in November 2002 with an interim executive committee including the defendant as General Secretary. The interim committee was mandated to organise formal elections within two years, which never occurred. The defendant allegedly failed to convene executive meetings for over three years, annual general meetings for five years, and delegate conferences for nine years, contrary to the union's constitution and the Labour Unions Act. She allegedly forged minutes of an executive meeting to open a bank account, including signatures of officials who did not attend. The defendant was also appointed as Senior Principal Nursing Officer, a full-time civil service position, while serving as full-time General Secretary. On 14 January 2009, the executive committee resolved to remove her. A new executive was elected on 19 February 2009. Despite this, the defendant called a meeting on 29 January 2009, transformed it into a delegate conference, and had herself re-elected as General Secretary. She continued to act in that capacity, signing agreements on behalf of the union and retaining its registration certificate.

Issues

  1. Whether the removal of the defendant from office was lawfully done.
  2. Whether the acts of the defendant are unlawful and therefore null and void.
  3. What remedies are available.

Orders

  • Declaration that the defendant Nassuna Edith is not the General Secretary of the plaintiff having lawfully been removed from that office.
  • Declaration that all the acts of the defendant since her removal from office are unlawful and therefore null and void.
  • Declaration that all the meetings called by the defendant since her removal from office of General Secretary are unlawful and therefore null and void.
  • Permanent injunction issued against the defendant restraining her from holding out as General Secretary of the plaintiff.
  • The property of the plaintiff in possession of the defendant including the original certificate of Registration to be returned to the plaintiff.
  • Claim for general and punitive damages refused for lack of proof.
  • Taxed costs awarded to the plaintiff.

Rules and key headnotes

Employment & Labour — Trade Unions — Removal of Officers — Grounds for Removal
A trade union officer who fails to convene statutorily required meetings over extended periods and acts contrary to the union's constitution may be lawfully removed by the executive committee where proper procedure is followed and the officer is afforded an opportunity to be heard.
Employment & Labour — Trade Unions — Dual Employment — Labour Unions Act s.31(3)
Section 31(3) of the Labour Unions Act 2006 prohibits a person from holding full-time office in a registered trade union while simultaneously employed in another institution on a salaried basis. Holding both positions is illegal and grounds for removal.
Employment & Labour — Trade Unions — Annual General Meetings — Labour Unions Act s.33(1)(a)
Section 33(1)(a) of the Labour Unions Act 2006 mandates that a registered organisation hold an annual general meeting in each calendar year. Failure by an officer to convene such meetings for five years constitutes a breach of statutory duty.
Employment & Labour — Trade Unions — Authority to Act — Acts After Lawful Removal
Where a trade union officer has been lawfully removed from office, all subsequent acts purportedly performed in that capacity including calling meetings, signing agreements, and holding oneself out as an officer are unlawful and void.

Legislation cited (2)

Cases cited (1)

  • Appollo Nyangasi & Another v Hon Sam Lyomoki (HCCS No. 208 of 2008)

Full judgment

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

Uganda Nurses & Midwives Union v Nassuna (Civil Suit No. 280 of 2013) [2013] UGHCCD 161 (11 December 2013)
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.