Civil Appeal Procedure

Uganda Railways corporation Vs Ekwaru D.O & 5104 Ors (CIVIL APPEAL No. 23 OF 2007) [2019] UGCA 36 (17 April 2019);


Search Summary: 

The respondents successfully sued the appellant, their former employer, for their pensions and terminal benefits. The appellant appealed against the judgment.

The court considered whether the trial court erred not to hold that the suit was time barred.

Headnote and Holding: 

The court held that matters that were not raised before the trial court could not be raised as grounds of appeal on appeal. The court was satisfied that the appellant didn’t raise the issue of limitation at trial. The court accordingly concluded that, nevertheless, the respondents’ suit was not time barred as it was brought within the six year limitation period.

The court further considered whether the trial judge erred to hold that the respondents’ claims and pensions had to be calculated under the Pensions Act. The court held that for pension to be payable under the Pensions Act the beneficiary had to be a public servant within the meaning of art. 175 of the 1995 Constitution. The court was satisfied that the respondents were not public servants but employees of the appellant. The court accordingly concluded that the respondents’ pension had to be paid under Uganda Railway Corporation Staff Rules, 1994 and Pension Regulations of 1970.


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