Supreme Court of Uganda - 1999 February

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9 judgments

Citation	Judgment date
February 1999
Barclays Bank of Uganda Ltd v Mubiru (Civil Appeal 1 of 1998) [1999] UGSC 34 (24 February 1999) Summary dismissal was justified for repeated breaches; only vested deferred pension contributions are payable, not full salary to retirement. Employment law – summary dismissal – contractual right to dismiss without notice for breach or unsatisfactory conduct; evidence of repeated excess lending and failure to report; correct measure of damages for wrongful dismissal limited to notice or payment in lieu; deferred pension contributions vested and payable despite dismissal.	24 February 1999
Barclays Bank of Uganda v Godfrey Mubiru [1999] UGSC 22 (24 February 1999) Summary dismissal for repeated breaches of lending limits upheld; damages limited to notice in lieu and only deferred pension payable. Employment law – summary dismissal – breaches of lending limits by bank manager may justify summary dismissal; prior hearing not always required Remedies – payment in lieu of notice where notice omitted; not full contractual future remuneration Pension – dismissed officials barred from immediate pension; only vested deferred pension payable	24 February 1999
Gulaballi v Kampala Pharmaceuticals Limited [1999] UGSC 21 (24 February 1999) Employee entitled to unpaid salary arrears; wrongful termination damages limited to contractual six-month notice pay. Employment law – wrongful dismissal – measure of damages where contract is terminable by notice – six months' pay in lieu limits special damages; unpaid salary and employer's failure to provide work – arrears recoverable; Employment Decree 1975 s.16 – employer's obligation to provide work and pay for days work not provided; mitigation – burden on employer to prove availability of alternative employment; costs – appellate court should give reasons when departing from usual rule that costs follow the event.	24 February 1999
Ushillani v Kampala Pharmaceuticals Ltd (Civil Appeal 6 of 1998) [1999] UGSC 36 (24 February 1999) Fixed-term employment terminable on notice yields damages for notice period; unpaid arrears recoverable to date of repudiation. Employment law – wrongful termination of fixed-term but terminable contract – agreed notice clause governs measure of damages; Employment Decree s.16 – obligation to provide work/pay does not change common-law rule on repudiation; unpaid remuneration recoverable as debt; burden of proof on mitigation lies on employer; appellate costs discretionary.	24 February 1999
Banco Arabe Espanol v Bank Of Uganda (Civil Appeal 8 of 1998) [1999] UGSC 24 (15 February 1999)	15 February 1999
Joy Tumushabe & Anoer v M/S Anglo African Limited & anoer [1999] UGSC 5 (14 February 1999) Distress under the Act was unlawful due to lack of tenant status and authorised bailiff, but eviction of trespassers was lawful; return or compensation ordered. Property law – landlord and tenant – termination of tenancy and trespass – tenant’s refusal to acknowledge new owner converts tenant into trespasser. Distress for rent – statutory prerequisites – landlord/tenant relationship and authorised bailiff or landlord’s attorney required under Distress for Rent (Bailiffs) Act. Agency and power of attorney – personal power to an individual does not automatically vest corporate manager or company with attorney powers Eviction – owner’s right to evict trespassers and remove goods using reasonable force Remedies – unlawful distress requires return of goods or payment of their value and may attract damages Evidence – appellate court must determine admissibility of critical exhibits	14 February 1999
Kanyomozi v Motor Mart (U) Ltd [1999] UGSC 6 (12 February 1999) Court reluctantly granted extension to restore an appeal, holding counsel’s oversight can justify extension despite delay and some false averments. Supreme Court Rules r.4 – extension of time; whether counsel’s oversight/mistake is "sufficient reason"; discretion to extend time despite inordinate delay; credibility of affidavits containing false averments; costs where applicant's default necessitates proceedings.	12 February 1999
Kanyomozi v Motor Mart (U) Ltd (Civil Application 8 of 1998) [1999] UGSC 37 (12 February 1999) Court reluctantly granted an extension under Rule 4 to restore an appeal despite counsel’s oversight and inordinate delay. Supreme Court Rules r.4 – extension of time to apply for restoration of appeal; counsel’s oversight as "sufficient reason"; distinction between error of judgment and lack of diligence; inordinate delay and conflicting affidavits; discretionary grant of extension to enable hearing on merits.	12 February 1999
Kanyomozi v Motor Mart (U) Ltd (Civil Application No. 8/98) [1999] UGSC 42 (12 February 1999) Supreme Court grants extension of time for appeal restoration due to counsel's oversight, despite delay. Civil Procedure - Application for extension of time - Sufficient reason - Counsel's error - Restoration of dismissed appeal	12 February 1999