Wakilii

William Ssemwatika Kibirango v Makerere University (Civil Suit No. 198 of 2009)

High Court · [2018] UGHCCD 285 · 2018 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for retirement benefits
Decision
Judgment entered for the plaintiff with damages and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that a retired university employee who received an interim award was entitled to final retirement benefits under the new In-House Retirement Benefits Scheme, following the precedent in David Ssentongo & 12 Others v Makerere University. The interim payment was a stop-gap measure and not a final settlement. The plaintiff was awarded UGX 68,241,024 as retirement benefits plus UGX 100,000,000 in general damages for being denied benefits for 27 years.

Outcome

Judgment entered for the plaintiff with damages and costs

Facts

The plaintiff was employed by Makerere University for 32 years from April 1955 to May 1987 and retired voluntarily. He received an interim award and a long service certificate. In 1993, the University issued a circular acknowledging that retirement benefits under the existing scheme were inadequate due to currency reform and low salaries, and stated that Council was seeking a new pension scheme. The plaintiff received a long service award equal to one year's salary as a stop-gap measure. In 2002, he was paid UGX 8,889,600 as an interim award pending the introduction of a new and more meaningful scheme. Other former employees successfully sued the University in 2002, and in 2012 the High Court held that those who received interim awards were entitled to final benefits under the new In-House Retirement Benefits Scheme. The plaintiff brought this suit seeking his final retirement benefits.

Issues

  1. Whether the plaintiff was entitled to benefit under the new pension scheme?
  2. Whether the plaintiff is entitled to the remedies sought?

Orders

  • Judgment entered for the plaintiff.
  • Defendant to pay plaintiff UGX 68,241,024 as retirement benefits calculated under the In-House Retirement Benefits Scheme formula.
  • Defendant to pay plaintiff UGX 100,000,000 as general damages.
  • Interest of 10% per annum on general damages from the date of judgment until payment in full.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Employment & Labour — Retirement Benefits — Interim Awards — Nature and Effect
An interim award paid to a retiring employee pending the introduction of a new retirement benefits scheme is by its nature not a final award, but constitutes an acknowledgment by the employer that they still owe the employee money to be paid as a final award or settlement at a future date.
Employment & Labour — Retirement Benefits — Entitlement under New Scheme
Where an employer introduces a new retirement benefits scheme to replace an inadequate existing scheme, employees who received interim awards under the old scheme are entitled to receive final benefits calculated under the new scheme, absent valid reasons for exclusion.
Employment & Labour — Damages — Denial of Retirement Benefits
An employer who denies a retired employee their retirement benefits for an extended period without justification is liable in general damages for the suffering and hardship caused by depriving the employee of crucial financial support needed to settle into retirement.

Legislation cited (1)

Cases cited (5)

  • David B Ssentongo & 12 Others v Makerere University (Civil Suit No. 132 of 2002)
  • William Ssemwatika Kibirango v Makerere University (Civil Appeal No. 168 of 2014)
  • Dr Denis Lwamafa v Attorney General (Civil Suit No. 79 of 1983)
  • Duma vs Nairobi City Council [1976] KLR 298
  • Kakubhai Mohan v World Telecom Uganda (Civil Suit No. 224 of 2011)

Full judgment

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

William Ssemwatika Kibirango v Makerere University (Civil Suit No. 198 of 2009) [2018] UGHCCD 285 (30 August 2018)
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.