Termination of Employment

Prof. Syed Huq v Islamic University in Kampala. ((Supreme Court Civil Appeal No. 47 of 1995)) [1997] UGSC 3 (6 November 1997);


Search Summary: 

The appellant in this appeal appealed against dismissal of the suit in which the appellant had sought for orders restraining the respondent from removing him from his office before expiry of his term.


Counsel for the respondent objected to the appeal and submitted that it be struck out for there was no decree that had been extracted, and that the Advocate had no valid Practicing Certificate. The objections were overruled on grounds that the advocate was free to draw and file documents even without a valid Practicing Certificate.


Concerning the main appeal, the ground of appeal was that the trail judge erred in holding that there was no enforceable contract of employment between the parties on the basis of a wrong finding that the respondent’s Council had no capacity to contract during the appointment of the appellant as Rector.

Headnote and Holding: 

From the evidence that had been adduced, it was found that both parties had agreed to be bound to the agreement so that the respondent could fulfill its obligations and perform its tasks. It was further stated that, the fact that the respondent had agreed with the Government on the establishment, status and immunity of the respondent, it was not a government undertaking. Thus, the appellant was not appointed by the Government. Thus, the contract between the parties was not in compliance with the Employment Decree and was unenforceable.


Accordingly, the appeal was dismissed.

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