[1995] UGSC 17

[1995] UGSC 17

The Supreme Court held that the absence of Ministerial consent for payment in foreign currency does not bar the appellant from enforcing his claim for salary under the employment contract. The obligation to seek such consent rests with the employer, not the employee. The appellant was entitled to judgment for the...

Source-derived case information.

Citation
[1995] UGSC 17
Parties
Appellant: Willy Owacha; Respondent: Ringa Enterprises Co. Ltd; Respondent: Patrick A. Okumu Ringa
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal allowed
Legal Topics
Breach of Employment Contract, Foreign Currency Payment, Assessment of Damages
Source Language
en
Employment and Labour Civil Procedure Breach of Employment Contract Foreign Currency Payment Assessment of Damages

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Willy Owacha

Appellant

Ringa Enterprises Co. Ltd

Respondent

Patrick A. Okumu Ringa

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

  1. 1 Whether the appellant is entitled to payment of salary in foreign currency despite lack of Ministerial consent under the Exchange Control Act.
  2. 2 Whether the trial judge erred in dismissing the suit for lack of Ministerial consent.
  3. 3 Whether the appellant is entitled to general damages for breach of contract.

Ratio Decidendi

The Supreme Court held that the absence of Ministerial consent for payment in foreign currency does not bar the appellant from enforcing his claim for salary under the employment contract. The obligation to seek such consent rests with the employer, not the employee. The appellant was entitled to judgment for the equivalent of pound sterling 7,200 in Uganda currency, and the trial judge erred in dismissing the suit on the basis of lack of consent. The issue of general damages for breach of contract was not addressed by the trial judge and was remitted for assessment. The appeal was allowed with costs, and the amount due was to be converted at the rate obtaining on 01/01/1993 and to carry...

Court Disposition

appeal allowed

Orders

  • Pound sterling 7,200 to be converted into Uganda Shillings at the rate obtaining on 01/01/1993.
  • The amount found due will carry interest at 15% per annum from the date till payment in full.