Dismissed Arua district Kadhi loses court case

ARUA - The High Court in Arua has dismissed a case in which former Arua district kadhi Sheikh Ahmed Amin Maga had sued Uganda Muslim Supreme Council (UMSC) seeking a declaration that he was wrongfully terminated.

In a judgment delivered on March 19, High Court judge Harriet Grace Magala dismissed Maga’s case on grounds that the court lacked jurisdiction to entertain it.

“The plaintiff (Sheikh Maga) ought to have instituted his claims before the labour officer, not in this court. This court, therefore, lacks the jurisdiction to hear this matter. It is thus dismissed with no order as to costs,” Justice Magala ruled.

Magala said the civil court can only entertain claims of a tortious nature arising from the employment relationship.

Citing the decision of the Supreme Court in the case of former employees of G4S Security Services versus G4S Security Services of 2010, Justice Magala said employment matters are only handled by the Labour Officers and the Industrial Court.

“The present case is not based on tort but statutory provided declarations in employment contract and relationship,” Justice Magala noted.

Drawing from Sheikh Maga’s cause of action, which includes unlawful and illegal termination, Justice Magala said the claims fall under labour matters.

Maga argued that he was appointed a district kadhi under UMSC in 1996 and served in the position until around 2018 when he was unlawfully terminated by the UMSC on allegations of financial mismanagement without being accorded a fair hearing.

Maga argued that he was not only illegally terminated but was also not given severance pay or compensation and terminal benefits as provided for under the Employment Act.

Following his dismissal, Maga was replaced by Sheikh Abujafar Shaban Karala. When contacted, Maga said he will consult his lawyers on the next course of action.

UMSC was represented by Makmot Kibwanga of M/s Makmot Kibwanga and Company Advocates, who has since welcomed the judgment as legally sound.