Uganda Wildlife Authority v Kuluo and 2 Others (Civil Appeal No. 3 of 2011)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal upheld the High Court's finding that the second respondent's employment was unlawfully terminated because she was denied a hearing before termination, in breach of the constitutional right to be treated justly and fairly under article 42. Although the contract permitted termination on notice or payment in lieu, the employer gave reasons (irregular recruitment and lack of experience) requiring a hearing. The award of UGX 30,000,000 general damages was upheld as neither unsupported nor excessive, given her senior position. The interest rate of 25% per annum was found excessive and substituted with 17% per annum from the date of the High Court award. The appeal substantially failed.
Outcome
Appeal substantially failed; general damages upheld, interest reduced from 25% to 17% per annum
Facts
The second respondent was appointed Director of Corporate Affairs of Uganda Wildlife Authority on a four-year contract dated 3 November 2009, subject to a six-month probationary period. On 6 July 2010 the Board of Trustees terminated her services, stating she had been irregularly recruited and lacked the required experience, and paid her three months' salary in lieu of notice. She was not given any opportunity to be heard before the decision. The respondents brought judicial review proceedings in the High Court, which found the Board of Trustees to have been illegally constituted, granted mandamus requiring the Minister to appoint a lawful Board, restrained the impugned trustees from acting, declared the second respondent's termination unlawful, and awarded her UGX 30,000,000 general damages with interest at 25% per annum. The Authority appealed against the finding of unlawful termination, the damages award, and the interest rate.
Issues
- Whether the learned trial Judge erred in holding that the second respondent's employment was unlawfully terminated.
- Whether the award of general damages of UGX 30,000,000 for unlawful and malicious termination was justified and not excessive.
- Whether the award of interest at 25% per annum on the general damages was excessive.
Orders
- The appeal substantially fails.
- The Appellant is ordered to pay general damages of UGX 30,000,000 to the second respondent.
- The award of interest is substituted with 17% per annum from the date of the High Court award till payment in full.
- The Appellant is ordered to pay 3% of the taxed costs of the second respondent in this court.
Rules and key headnotes
Legislation cited (9)
- Constitution of Uganda article 28(1)
- Constitution of Uganda article 42
- Constitution of Uganda article 44(c)
- Employment Act 2006 s.66
- Employment Act 2006 s.67
- Civil Procedure Act s.26(2)
- Civil Procedure Act s.26(3)
- Judicature (Judicial Review) Rules 2009 r.8
- Wildlife Act cap 200
Cases cited (18)
- Barclays Bank of Uganda v Godfrey Mubiru (Civil Appeal No. 1 of 1998)
- Mary Pamela Sozi v Public Procurement and Disposal of Public Assets Authority (Civil Suit No. 63 of 2012)
- Uganda Commercial Bank v Kigozi [2002] 1 EA 305
- Fortunato Federici v Irene Nabwire (Civil Appeal No. 3 of 2000)
- Patel v Samaj and another; Civil Appeal No 20 of 1942 (1944) 11 EACA 1
- Flint v Lovell (1935) 1 KB 360
- Bank of Uganda v Betty Tinkamanyire (Civil Appeal No. 12 of 2007)
- Vine v National Dock Labour Board [1956] 1 QB 658
- Doreen Rugundu v International Law Institute (Civil Appeal No. 8 of 2000)
- Harbutts Plasticide Ltd v Wayna Tank and Pump Company Ltd. [1970] 1 QB 447
- Sietco v Noble Builders (U) Ltd (Civil Appeal No. 12 of 1995)
- Peters v Sunday Post Limited [1958] 1 EA 424
- Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
- Dharamshi v Karsan [1974] 1 EA 41
- Riches v Westminster Bank Ltd [1947] 1 All ER 469 HL
- Tate & Lyle Food and Distribution Ltd v Greater London Council and another [1981] 3 All ER 716
- R v Secretary for the Home Department Ex Parte Doody [1994] 1 AC 531
- Ridge v Baldwin [1964] AC 40
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.