Zakayo v Berkeley Energy Uganda Limited (Civil Suit 319 of 2020)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

The High Court has jurisdiction to entertain employment disputes where the plaintiff seeks general damages, which labour officers lack jurisdiction to award. Following Mugyenyi v UEGCL, a labour dispute can be filed in a court of judicature having jurisdiction such as the High Court. The preliminary objection to jurisdiction was overruled and the suit allowed to proceed on its merits.

Outcome

Preliminary objection dismissed; suit to proceed on merits

Facts

The plaintiff filed suit against the defendant for breach of an employment contract, seeking special damages, general damages, aggravated damages, interest and costs. The defendant filed a defence and raised a preliminary objection that the High Court lacked jurisdiction because employment matters fall under the jurisdiction of labour officers and the Industrial Court pursuant to the Employment Act 2006 and the Labour Disputes Arbitration and Settlement Act 2006. The plaintiff opposed the objection, arguing that the defendant had waived the right to object by failing to file a formal application disputing jurisdiction, and that the High Court has unlimited original jurisdiction under Article 139 of the Constitution. The plaintiff further argued that because general damages were sought, which labour officers cannot award, the High Court had jurisdiction.

Issues

1. Whether the High Court has jurisdiction to entertain an employment dispute where the plaintiff seeks general damages in addition to other relief.
2. Whether the defendant properly raised the preliminary objection to jurisdiction.

Orders

• Preliminary objection overruled.
• The suit is properly before Court.
• Let the suit proceed on its merit.
• Costs to be in the cause.

Rules and key headnotes

Legislation cited (9)

• Employment Act 2006 s.93(1)
• Labour Disputes Arbitration and Settlement Act 2006 s.5
• Labour Disputes Arbitration and Settlement Act 2006 s.4
• Labour Disputes Arbitration and Settlement Act 2006 s.6
• Civil Procedure Rules Order 9 rule 3(1)(g)
• Civil Procedure Rules Order 9 rule 2
• Constitution of the Republic of Uganda Article 139
• Judicature Act s.33
• Civil Procedure Act s.98

Cases cited (6)

• 201 former employees of G4S Security Services Uganda Ltd v G4S Security Services Uganda Ltd [2012] UGSC 6
• Uganda Broadcasting Corporation v Kamukama [2005] UGHCCD 121
• Sentamu Joseph v Jibu Corporate Uganda Limited (Civil Suit No. 51 of 2021)
• Absa Bank Limited & 2 Others v Electro Maxx (U) Limited & Another (Miscellaneous Application No. 241 of 2020)
• Mugyenzi v Uganda Electricity Generation Co. Ltd (Civil Appeal No. 167 of 2018)
• Mugyenzi v Uganda Electricity Generation Co. Ltd (Civil Appeal No. 167 of 2018)

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