Wakilii

Waiswa v Rift Valley Rail ways(U) Limited (Labour Dispute Reference No. 329 of 2017)

Industrial Court · [2021] UGIC 9 · 2021 Claim Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute reference arising from labour complaint before labour officer
Decision
Claim dismissed for disclosing no cause of action against the 2nd respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that the claimant had no cause of action against the 2nd respondent (Uganda Railways Corporation) where the claimant was originally employed by the 2nd respondent, transferred to the 1st respondent under a concession agreement, terminated by the 1st respondent, and subsequently withdrew his claim against the 1st respondent. The memorandum of claim disclosed no facts showing the 2nd respondent violated any legal right of the claimant, as the 2nd respondent neither terminated the claimant nor took over liabilities of the 1st respondent upon resuming railway operations. The claim was rejected under Order 7 rule 11(a) of the Civil Procedure Rules for disclosing no cause of action.

Outcome

Claim dismissed for disclosing no cause of action against the 2nd respondent

Facts

The claimant was originally employed by Uganda Railways Corporation (2nd respondent). In 2006, government entered a concession agreement and the claimant's employment was transferred to Rift Valley Railways (Uganda) Ltd (1st respondent), who employed him as a train inspector rising to Foreman. The 1st respondent suspended the claimant for alleged theft and summarily dismissed him while he faced criminal prosecution. The claimant was subsequently acquitted by the Chief Magistrate. After the concession ended in January 2018, the 2nd respondent resumed railway operations but did not re-employ the claimant. The claimant initially sued the 1st respondent but later amended to include the 2nd and 3rd respondents. At hearing, he withdrew the claim against the 1st and 3rd respondents and proceeded only against the 2nd respondent. The 2nd respondent denied any liability, stating it had not terminated the claimant and had not taken over liabilities of the 1st respondent.

Issues

  1. Whether the claimant has a cause of action against the 2nd respondent.
  2. Whether the claimant was wrongfully terminated.
  3. Whether the claimant is entitled to the remedies sought.

Orders

  • Memorandum of claim rejected under Order 7 rule 11(a) of the Civil Procedure Rules.
  • Claim against the 2nd respondent dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Cause of Action — Elements Required
A cause of action consists of a set of facts sufficient to justify a person suing or enforcing a legal right against another person. To sustain a cause of action, a party must show the court that he had a legal right, that such legal right was violated, and that it was violated by the defendant.
Civil Procedure — Pleadings — Rejection of Memorandum of Claim for Disclosing No Cause of Action
Under Order 7 rule 11(a) of the Civil Procedure Rules, a memorandum of claim may be rejected where the pleadings fail to disclose a cause of action against the defendant. The court determines whether a cause of action exists by examining the pleadings to ascertain whether they reveal facts showing the claimant had a legal right that was violated by the defendant.
Civil Procedure — Pleadings — Evidence Beyond Pleadings Inadmissible
Pleadings govern the scope of the case and delineate areas upon which evidence ought to be adduced. A party is precluded from adducing evidence on matters not pleaded in the memorandum of claim. Where a claimant fails to plead that a respondent took over liabilities of a third party, the claimant cannot lead evidence to that effect at trial.
Employment & Labour — Wrongful Termination — Liability of Successor Employer
Where an employee is terminated by one employer and a different entity subsequently resumes the business without taking over the liabilities of the terminating employer, the successor entity bears no liability for the wrongful termination. The claim for wrongful termination lies only against the employer who effected the dismissal.

Legislation cited (1)

Cases cited (6)

  • Auto Garage v Motor Kov (1971) EA 514
  • Cipla Quality Chemicals Industries Ltd v Namakoye Lucy (Miscellaneous Application No. 84 of 2017)
  • DFCU Bank v Donna Kamuli (Civil Appeal No. 121 of 2016)
  • Sietco v Noble Builders (U) Ltd (Supreme Court Civil Appeal No. 31 of 1995)
  • Stephen Mwesezi v Akright Projects Ltd (High Court Civil Suit No. 250 of 2009)
  • BYRD V. Naun (1877) 7 CHD287

Full judgment

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

Waiswa_v_Rift_Valley_Rail_ways(U)_Limited_(Labour_Dispute_Reference_No._329_of_2017)_[2021]_UGIC_9_(5_February_2021)
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.