Uganda envoy wins UK case against maid

By Vision Reporter

Uganda’s deputy ambassador to Rome Dr. Mumtaz Kassam has won a case against her former maid who had sued her for unpaid wages amounting to over 90,000 British pounds sterling (sh366m).

Daphine Wokuri, who was Mumtaz’s domestic worker while she was the Deputy High Commissioner to UK commenced proceedings in the Chancery Division of the High Court against Mumtaz in 2006, for alleged unpaid wages for 13 years. Ms. Wokuri was initially employed by Mumtaz Kassam in Uganda in 1998 before she moved to London.

Mumtaz opposed the proceedings on the grounds that the Courts of England and Wales had no jurisdiction on the grounds of Diplomatic and State Immunity.

To circumvent this, the maid alleged that she had a personal contract with Mumtaz and that she did not sign the contract with the Uganda High Commission in 2006 and claimed it was a forgery. However evidence was adduced in Court to show that contract was not a forgery because Wokuri was receiving a generous gratuity payment and salary from the High Commission.

Wokuri had also falsified her monthly salary and stated that she was kept in captivity and was threatened with deportation. Court heard that the truth was in fact the converse and she travelled to Uganda annually, and was treated like a family member.

The protracted satellite litigation between the parties culminated in Judge Peter Smith on November 13 this year declaring that the claim was against the wrong party, and in case the old 1998 private contract between the parties was still valid, the courts in England and Wales would not have jurisdiction.

The judge further mentioned that any alternative claim that the employee sought to bring against the Uganda High Commission, would fail on the grounds of State Immunity. Therefore, rather than proceed any further in the Trial, Wokuri was given the opportunity to withdraw her contradictory claim which she did unreservedly, apologising to Mumtaz and admitted that all her allegations were unfounded.

As regards the 2006 contract which Wokuri signed with the Uganda High Commission, Judge Paul Smith indicated that there was overwhelming evidence that it was not a forgery and that her claim against Mumtaz was misplaced.

Wokuri was then advised about the futility of her claim and she withdrew her claim on the following basis, “The claimant unreservedly apologises and withdraws all allegations made against the Defendant which she conceded were unfounded.”

“I am so relieved that the ordeal is over for me. For two and a half years I had to endure malicious allegations and constant court appearances which were designed to increase the costs,” commented Mumtaz.

The maid had been supported by four different UK law firms, all claiming to act for her on a no win- no fee basis (conditional fee Agreement).