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Imperial Bank (U) Ltd v Jason Njeru Kiggundu (Labour Dispute Miscellaneous Application No. 18 of 2016) [2016] UGIC 7 (29 July 2016)
- Citation
- [2016] UGIC 7
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Industrial Court of Uganda
- Posture
- Miscellaneous Application / Ruling
- Case number
- Labour Dispute Miscellaneous Application No. 18 of 2016
- Language
- English
More details
- Court
- Industrial Court of Uganda
- Posture
- Miscellaneous Application / Ruling
- Case number
- Labour Dispute Miscellaneous Application No. 18 of 2016
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the applicant demonstrated good cause for setting aside the exparte order for production of documents. In the interest of justice and fairness, the applicant must be given an opportunity to be heard on whether the order should issue. The principle of natural justice requires that no party should be condemned unheard, and the court exercised its discretion to allow the application and set aside the exparte order.
Court disposition
application_allowed
Orders
- The exparte order for production of documents is set aside.
02
Material facts
Parties
Imperial Bank(U)Ltd
ApplicantJason Njeru Kiggundu
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling
04
Questions and positions
Legal issues
- 01
Whether the exparte order for production of documents should be set aside.
- 02
Whether the applicant has shown sufficient cause to warrant setting aside the order.
Party arguments
- Applicant
- The applicant argued that good cause exists for the exparte order to be set aside, emphasizing the need for the applicant to be heard before any order for production of documents is issued.
- Respondent
- The respondent opposed the application, relying on the affidavit in reply and maintaining that the exparte order should stand.
05
Court’s reasoning
Legal principles
- 01
Principle of natural justice
A party affected by an exparte order should be given an opportunity to be heard before the order is enforced.
- 02
Industrial Court practice
The court may set aside an exparte order if good cause is shown.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant demonstrated good cause for setting aside the exparte order for production of documents. In the interest of justice and fairness, the applicant must be given an opportunity to be heard on whether the order should issue. The principle of natural justice requires that no party should be condemned unheard, and the court exercised its discretion to allow the application and set aside the exparte order.
Court disposition
application_allowed
- The exparte order for production of documents is set aside.
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 OF UGANDA
THE INDUSTRIAL COURT OF UGANDA HOLDEN AT KAMPALA
LABOUR DISPUTE MISC. APPL. 018/2016
ARISING FROM LABOUR DISPUTE MISC. APPL. 04/2016
IMPERIAL BANK(U)LTD........................................................................... APPLICANT
VERSUS
JASON NJERU KIGGUNDU.......................................................................... RESPONDENT
RULING
On 22/02/216, this court granted an order exparte for the applicant to produce certain documents.
This ruling is arising from MA 018/2016 seeking to set aside the said order.
We have carefully perused the application together with the affidavit in support as well as the affidavit in reply. We have also listened carefully to the submissions of both counsel.
It is our considerer opinion that the applicant has shown good cause for the order to be set aside. It is in the interest of Justice that the applicant be heard on whether the order to produce documents should issue.
The application is allowed and the exparte order is herby set aside.
SIGNED
1. Hon. Justice Ruhinda Asaph Ntengye, Chief Judge....................................................................................
2. Hon. Lady Justice Linda Lillian Mugisha Tumusiime..................................................................................
PANNELLISTS
1. Mr. Ebyau Fidel ............................................................................................................
2. Mr. Mavunwa Edson Han...........................................................................................
3. Ms. Julian Nyachwo...................................................................................................
Dated the 29th day of July 2016
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