Court name
High Court of Uganda
Judgment date
14 July 2006

Kiwanuka & 6 Ors v Kiboga District Local Government Council (HCT-00-CV-CS-2000/588) [2006] UGHC 58 (14 July 2006);

Cite this case
[2006] UGHC 58

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

HCT-00-CV-CS-0588-2000

JOHN KIWANUKA & 6 OTHERS ::::::::::::::::::::::::::::::: PLAINTIFF

- VERSUS -

KIBOGA DISTRICT LOCAL GOVT COUNCIL :::::::::::::::: DEFENDANT
BEFORE: HON. MR. JUSTICE R.O. OKUMU-WENGI
JUDGMENT:-
Plaintiffs were once Local Chiefs in the Kiboga District. On 1/12/1999 they were axed from their positions as Sub-County Chiefs and purportedly placed at the lower ranks of Muluka Chiefs.
There were no reasons given hence this suit. Liability was admitted and the suit was set down for formal proof. Two issues on quantum and other remedy available were framed. The plaintiffs presented 53 exhibits in all, while the defendants presented one exhibit and called one witness like the plaintiff did.

1.      

From the evidence on record the plaintiffs each claim salary arrears, payment in lieu of notice, Pension, leave allowances, severance packages and transport. Having analyzed the evidence submitted in court I am able to find and hold that the services of the plaintiffs were abruptly but effectively and unlawfully terminated in 1999/2000. On this score I would allow unpaid salary dues to each of them to June 2000 as follows:-
1)      
John Kiwanuka                      -        Shs.2,151,936/=
2)       Leopold Ddamba                     -        Shs.1,388,352/=
3)       Moses Seguya                       -        Shs.2,226,765/=
4)       Lekoboam Kasozi                    -        Shs.2,267,672/=
5)       Musalirwa Munyawera               -        Shs. 607,400/=
6)       Sebikese Sebugwawo                -        Shs. 850,360
7)       Sam Lukyamuzi Kasumba    -        Shs.2,151,936/=
2.      
On payment in lieu of leave the first and second plaintiffs each will receive shs.3,831,960/=, while the rest of the five plaintiffs will each be paid shs.3,055,800/=.
3.       Each of the plaintiffs who qualify will be entitled to pension.
4.       Each of the plaintiffs will be paid shs.808,428/=, as unpaid leave allowance.
5.       Each of the named plaintiffs will receive shs.9,854,955/=. This will go for Seguya Munyawera Sebikasi and Lukyamuzi. The other three namely Kiwanuka Ddamulira and Kasozi will each be paid shs.14,094,875. These sums are on account of severance package.
6.       Further the plaintiffs will each, receive sums of shs.300,000/= as transport allowance.
Considering the circumstances of this case and the submissions of counsel and authorities cited I allow each of the claimants the sum of shs.3 million (3,000,000/=) as general damages. I also award interest at the rate of 20% from the date of filing this suit till payment in full.
Finally the defendant will pay the costs of this suit. Judgment entered accordingly.

R.O. OKUMU-WENGI

JUDGE
12/7/2006.

14/7/2006:-

J. M. Mugisha for plaintiffs.
Plaintiffs present.
Bukenya for defendants.
Senabulya Court Clerk.
 
Court:-
Judgment read in open court in presence of above.