Company Law

Kyebanghaire & Anor v Uganda Telecom Limited (Civil Suit No.488 Of 1996) [2009] UGHC 138 (10 June 2009);

Flynote: 

Search Summary: 

The plaintiffs in this case brought this suit challenging the interdiction from duty on ground of suspected involvement in malpractices, and the dismissal without terminal benefits.

 

The plaintiff argued that they were dismissed unlawfully on false accusations, without investigations and that they were never given a chance to prove their innocence.

 

The issues that were raised for consideration were, whether the interdiction and dismissal of the plaintiff were lawful, and whether the plaintiffs were entitled to the reliefs sought from the defendant.

Headnote and Holding: 

With regard to issue one, the court found that the plaintiffs had been interdicted unlawfully without any investigations being carried out. The suspicions had not been proved in any court of law to justify the dismissal.

 

Concerning the issue of remedies, the court found that the plaintiffs were entitled to remedies for unlawful dismissal. The defendants argued that they were not liable for the dismissal, and that they were successors in title to the Corporation, which had dismissed the plaintiff. The court, however, found that the corporation was dissolved and that it was no more.

 

Thus, the defendants were liable in compensation of the plaintiffs.

Accordingly, the court entered judgment for the plaintiffs, with reliefs prayed for.

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