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Alinda & Anor v African Humanitarian Action (AHA) & Anor (Miscellaneous Application No. 33 of 2020) [2020] UGIC 12 (28 August 2020)
- Citation
- [2020] UGIC 12
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Industrial Court of Uganda
- Panel
- Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
- Case number
- Miscellaneous Application No. 33 of 2020
- Language
- English
More details
- Court
- Industrial Court of Uganda
- Panel
- Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
- Case number
- Miscellaneous Application No. 33 of 2020
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that without proceedings before the Registrar arising from the notice to show cause, it could not entertain the application for a representative order. The proper procedure requires the Registrar to first handle the notice to show cause and issue a ruling, which would then determine the next course of action for the parties. Accordingly, the file was remitted back to the Registrar to entertain the notice to show cause why execution should not issue.
Court disposition
file remitted to registrar
Orders
- The file is remitted back to the Registrar to entertain a notice to show cause why execution should not issue.
02
Material facts
Parties
Alinda Diphath
ApplicantByamukama Polycarp
ApplicantAfrican Humanitarian Action (AHA)
RespondentUnited Nations High Commission for Refugees (UNHCR)
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling
04
Questions and positions
Legal issues
- 01
Whether the application for a representative order can be entertained without a ruling from the Registrar on the notice to show cause.
- 02
Whether the proper procedure was followed in seeking execution before the Registrar.
Party arguments
- Applicant
- The applicants sought a representative order under Article 126(2)(e), Section 33 of the Judicature Act, Section 98 of the Civil Procedure Act, and Order 1 rule 188 of the Civil Procedure Rules, supported by affidavits. They argued that the application was necessary following a notice to show cause why execution should not issue.
- Respondent
- The respondents opposed the application, contending that there was no record of proceedings or a decision by the Registrar on the notice to show cause, and therefore the application before the court was premature and not properly before the court.
05
Court’s reasoning
Legal principles
- 01
Article 126(2)(e) Constitution of Uganda; Section 33 Judicature Act; Section 98 Civil Procedure Act; Order 1 rule 188 Civil Procedure Rules
A representative order may only be entertained after the Registrar has ruled on a notice to show cause regarding execution.
06
Ratio, limits and disposition
Ratio decidendi
The court held that without proceedings before the Registrar arising from the notice to show cause, it could not entertain the application for a representative order. The proper procedure requires the Registrar to first handle the notice to show cause and issue a ruling, which would then determine the next course of action for the parties. Accordingly, the file was remitted back to the Registrar to entertain the notice to show cause why execution should not issue.
Obiter and limits
- The court noted that the absence of a Registrar's ruling on the notice to show cause rendered the application premature.
- The court emphasized the importance of following proper procedural steps before seeking substantive orders.
Court disposition
file remitted to registrar
- The file is remitted back to the Registrar to entertain a notice to show cause why execution should not issue.
Source and reliance status
Industrial Court of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Industrial Court of Uganda
Judgment
THE REPUBLIC OFUGANDA IN THE INDUSTRIAL COURT OF UGANDA AT KAMPALA MISC. APPLN. NO. 033 OF 2020 [ARISING FROM LABOUR DISPUTE CLAIM NO. 236 OF 2019]
BETWEEN
| 1. | ALINDA<br>DIPHATH | | |----|-----------------------------------------------------|--| | 2. | BYAMUKAMA<br>POLYCARP……………………………………………….………CLAIMANT | |
VERSUS
| 1. | AFRICAN<br>HUMANITARIAN<br>ACTION<br>(AHA) | | |----|--------------------------------------------|--| | | | |
2. UNITED NATIONS HIGH COMMISSION FOR REFUGEES(UNHCR)……………………………………………………………RESPONDENT
BEFORE
- 1. Hon. Chief Judge Ruhinda Asaph Ntengye - 2. Hon. Lady Justice Linda Tumusiime Mugisha
PANELISTS
- 1. Mr. Bwire John Abraham - 2. Mr. Mavunwa Edison Han - 3. Ms. Julian Nyachwo
RULING
This is a ruling arising from an application bychamber summons seeking a representative order under Article 126 (2) (e), Section 33 of the Judicature Act, Section 98 of the Civil Procedure Act and Order 1 r 188 of the Civil Procedure Rules. It is supported by two affidavits sworn by the applicants.
On perusal of the application and both the affidavits in support and in opposition, it is clear that the application arose from a notice to show cause why execution should not issue before the Registrar. The Court record does not show whether the Registrar handled the application for a notice to show
cause and if she did what her decision was. It seems to us that when the matter went to the registrar for execution, somehow it transpired that there was need for this application. But we do not think that without proceedings before the Registrar arising from the notice to show cause, this court would entertain this application. It is the ruling of the registrar on a notice to show cause that would determine the next course of action of any of the parties.
Accordingly, the file is remitted back to the registrar to entertain anotice to show cause why execution should not issue.
Delivered & Signed:
| 1. | Hon.<br>Chief<br>Judge<br>Ruhinda<br>Asaph<br>Ntengye | …………… | |----|----------------------------------------------------------|-------| | 2. | Hon.<br>Lady<br>Justice<br>Linda<br>Tumusiime<br>Mugisha | …………… | | | | |
PANELISTS
| 1. | Mr.<br>Bwire<br>John<br>Abraham | …………… | |----|---------------------------------|-------| | 2. | Mr.<br>Mavunwa<br>Edison<br>Han | …………… | | 3. | Ms.<br>Julian<br>Nyachwo | …………… |
Dated: 28/08/2020
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