Bukenya and Others v Uganda Clays Limited (Labour Dispute Miscellaneous Application 98 of 2022) [2022] UGIC 52 (14 October 2022)

⁵ THE REPUBLIC OF UGANDA IN THE INDUSTRIAL COURT OF UGANDA AT KAMPALA ARISING FROM LABOUR DISPUTE REFERENCE 29/2020 LABOUR DISPUTE: MISCELLANOUS APPLICATION NO. 98 OF 2022

10 1. BUKENYA SAMUEL NELSON

2. KAYANJA NATHAN BULIME ALIAS BULIME SOLOMON

3. BYAMUGISHA RONALD APPLICANTS

VERSUS

¹⁵ UGANDA CLAYS LIMITED RESPONDENT

BEFORE:

- 1. THE HON. AG. HEAD JUDGE, LINDA LILLIAN TUMUSIIME MUGISHA PANELISTS - 20 1. MR. FX MUBUUKE - 2. MS. HARRIET MUGAMBWA NGANZI - 3. MR. EBYAU FIDEL - 1

RULING

- 25 This application is brought under Section 98 of the Civil Procedure Act, Order ¹ Rules 8 and 22 ofthe Civil Procedure Rules as amended, seeking orders that; - (a) Leave be granted to the Applicants to sue or continue with Labour dispute reference No 129 of 2020 arising from Labour dispute No. 274 of 2020 representative capacity in their names ,for and on behalfofformer employees dismissed by the Respondent Uganda Clays Limited, for a declaration that the dismissal was unlawful, special damages and general damages for unlawful dismissal/termination, punitive/aggravated damages, terminal benefits, accrued and unpaid NSSF contributions, severance allowances, compensation, certificates ofservice, overtime pay, accrued and untaken leave and transport pay, payment in lieu oftermination, repatriation pay, interests and costs.

(b) That the costs ofthis application be provided for.

The Applicant's case:

40 The Applicant's case, as contained in the notice ofmotion and supporting Affidavit deponed by Byamugisha Ronald, the 3rd Applicant, and is summarized as follows:

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- That 142 employees were dismissed by the Respondent but the Applicants in the limited time given managed to secure 89 signatures. - b) That the applicants/claimants have same interest which is compensation for unlawful dismissal by the Respondent among others. - c) That the reliefs sought by the claimants against the Respondent is the same (Reliefs sought declaration that dismissal was unlawful and compensation for the same by payment ofterminal benefits and outcome benefits all. - *d)* That the Applicants herein were selected to be representatives in the intended suit against the Respondent. *(Copy ofthe list was attached and marked Annexure "B").* - 55

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REPRESENTATION

The Applicants were represented Mr. Munaabi Phillip Holding Brief for Peace Namulinda ofM/s Peace & Co. Advocates, Kampala.

DECISION OF COURT

- 60 We have carefully perused the Notice of Motion and affidavit in support as well as submissions for the Applicant for which we are grateful for. - 3


Whether the Applicants should be granted leave to sue or continue with in a representative Capacity?

65 *Order i rule 8 provides that; One person may sue or defend on behalfofall in same interest.*

*(1) A person may institute ^a representative suit on behalfofall plaintiffs or all defendants, as the case may be, who have the same actual and existing interest in the subject matter ofthe intended suit,for the benefit ofall.*

70 *(2) An application for a representative order shall be made by an intending plaintiffor defendant who intends to represent all plaintiffs or all defendantsfor the benefit ofall as the case may be, who have the same actual and existing interest in the subject matter ofthe intended suit.*

*(3) Before the court grants an orderfor a representative suit, the applicant shallsatisfy the court that—*

*(a) all the plaintiffs or defendants, as the case may be, have an actual and existing interest in the subject matter ofthe intended suit;*

*(b) all the persons represented have authorized the applicant to sue or defend in the suit, and the authorization shall be in writing duly signed by the represented persons; and*

*(c) the application is brought with a proposed plaint or defense, as the case may be, showing—*


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*(i) a list ofall persons so represented; and*

*(ii) that all persons so represented have the same actual and existing interest in the suit.*

85 *(4) Subject to sub rule (2), the court shall, in such case, give notice of the institution ofthe suit to all such persons either by personalservice or, where, from the number ofpersons or any other cause, such service is not reasonably practicable, by public advertisement, as the court may in each case direct.*

*(5) Any person with the same interest wishing to be made a party to a* ⁹ *representative suit may apply to the court to be made a party to the suit.*

*(6) For purposes ofthis rule, "a representative action" means a suit in which there are numerous persons having the same interest in one suit and where one or more ofsuch persons, may, with the permission ofthe court, sue or be sued or may defend in the suit on behalfoforfor the benefit ofall persons interested. "*

95 The evidence on the record indicates that only 89 Claimants individually inscribed their signatures and NIN numbers, authorising the iSt, 2nd and 3rd Applicants to represent them in Labour dispute reference No 129 of 2020 against the Respondent.

100 We have also established, that all the 89 claimants have, the same and actual existing interest in the suit as is required under sub rule 2 of Order ¹ as amended.

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We are therefore satisfied that, the Applicants have demonstrated that, the other intended Claimants, have authorised them to represent them in Labour dispute reference No 129 of 2020 in compliance with Order ¹ rule 8 (supra).

105 In the circumstances, a Representative Order to the applicants to represent the other 89 Claimants is granted. The applicants shall by public advertisement issue a notice in either the Monitor or new vision newspaper indicating the names of persons intended to be represented.

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No order is to courts is made.

no Delivered and signed by: THE HON. AG. HEAD JUDGE, LINDA LILLIAN TUMUSIIME MUGISHA PANELISTS i. MR. FX MUBUUKE 2. MS. HARRIET MUGAMBWA NGANZI 115 3. MR. EBYAU FIDEL DATE: 14/10/2022