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Maj. Iduli Appeals High Court Judgment

n his application filed on Monday, Iduli contends that Justice Oguli erred in law when she failed to consider his claim for percentage increase on lost income to cater for lost promotions and inflation.
Retired Maj Ronald Iduli
Retired Major Ronald Iduli has appealed against an application by the army challenging the more than Shillings 700 million awarded to him by high court for forceful retirement. On July 13th, 2018, Justice Margaret Oumo Oguli awarded Iduli Shillings 700million as compensation for forceful retirement from the forces.

It came after Maj. Iduli 43, dragged the Attorney General, Major General Joseph Musanyufu, the UPDF Chief of Personnel and Administration and Col. Dr. Godard Busingye, the UPDF Deputy Chief of Legal Services to court challenging his forced retirement from the armed forces. Maj. Iduuli joined UPDF in 1998 and served as a defense lawyer at the General Court Martial from 2014 to July 25, 2016.

In his application Iduli, said he was removed from the army without referring to either an instrument from the Commander in Chief or a message from the Chief of Defense Forces. He demanded for pension, payment of untaken leave since 1998, unpaid housing allowances for the years he spent in military service and unpaid transport allowances. 

He also sought for general and punitive damages for lost income from the time of retirement until when he would have attained retirement age with a 24 percent annual interest rate from the date of retirement till payment is completed and costs of the suit. In her judgment, Justice Margaret Oumo Oguli granted Iduli's prayers with the exception of transport and Housing allowances, saying the applicant didn't provide receipts of the money spent travelling and tenancy agreement prove him claim for housing allowance. 

She awarded him Shillings 28 million to cover his unremitted gratuity, Shillings 6 million as unpaid pension and Shillings 538 million as lost income. She also awarded him Shillings 90 million to compensate for stress, inconvenience, humiliation, embarrassment and psychological torture he was subjected too as a result of wrongful retirement.

 Court further awarded him Shillings 50 million for aggravated at 20 percent interest rate annually from the date of judgment until payment is made in full. Government appealed the judgment on September 10th, 2018. According to the court documents seen by URN, government contends that Justice Oguli erred because she didn't evaluate all the evidence on record before awarding the applicant costs.

"The learned trial judge erred in law by failing to take into consideration the unique  nature of the employment relationship in military service when she relied solely on the case of Omunyokol Vs Attorney General Court of  Appeal number six of the 2012 thus occasioning a miscarriage of justice", reads the Appeal by government in Part. 

As a result, Maj. Iduli has also run to the Court of Appeal challenging the decision to deny him housing and transport allowances. In his application filed on Monday, Iduli contends that Justice Oguli erred in law when she failed to consider his claim for percentage increase on lost income to cater for lost promotions and inflation. 

He also argues that the trial judge erred in law and facts when she held that Major General Joseph Musanyufu and Col Dr. Godard Busingye be struck from the case on grounds that they were wrongly joined as parties in the matter.  

The applicant accused the duo of forwarding his name to the retirement Committee of the army. Maj. Iduli now wants the Appellant Court to order government to pay him all his money including the one the lower court declined to offer.  The Court of Appeal is yet to fix the matter for hearing.