Uganda Case Law

Bollore Transport and Logistics (U) Limited v Musau Waita (Labour Dispute Miscellaneous Application 146 of 2022)

Bollore Transport and Logistics (U) Limited v Musau Waita (Labour Dispute Miscellaneous Application 146 of 2022) [2023] UGIC 86 (24 March 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application 146 of 2022

Judges

Wabwire Musana, J, Namara, Panel Member, Nabirye, Matovu

The Industrial Court held that under Section 94(2) of the Employment Act, 2006 and Rule 24 of the Labour Disputes (Arbitration and Settlement) (Industrial Court) Rules, 2012, appeals on questions of law lie as of right, while appeals on questions of fact or mixed law and fact require leave of court. Grounds 1, 2, and 3 of the Memorandum of Appeal were found to relate to questions of law, specifically the interpretation and application of Section 67 of the Contract Act, 2010 regarding variation of contract. Grounds 4 and 5, however, were based on findings of fact and mixed law and fact, involv…

Source excerpt

• Appeals On Questions Of Law
• Leave To Appeal On Facts
• Drafting Memorandum Of Appeal
• Variation Of Contract
• Waiver And Estoppel

Mubiru v The Red Cross Society (Labour Dispute Appeal No. 28 of 2018)

Mubiru v The Red Cross Society (Labour Dispute Appeal No. 28 of 2018) [2019] UGIC 9 (5 April 2019)

Court

Industrial Court of Uganda

Case number

Labour Dispute Appeal No. 28 of 2018

The court held that both grounds of appeal, which allege failure by the Labour Officer to properly evaluate evidence, constitute questions of law. Re-evaluation of evidence is an inherent obligation of the appellate court, and failure to do so is recognized as a matter of law. The preliminary objection was therefore overruled, allowing the appeal to proceed on these grounds. The court relied on precedent from Baingana J. P. Vs Uganda and Onyango Robert Vs Security Group (U) (SGA), which establish that evaluation of evidence may be treated as a question of law for appellate purposes.

Source excerpt

• Appeals On Questions Of Law
• Evaluation Of Evidence
• Preliminary Objection
• Leave To Appeal

Equity Bank Uganda Limited v Mugisha (Labour Dispute Appeal No. 26 of 2017)

Equity Bank Uganda Limited v Mugisha (Labour Dispute Appeal No. 26 of 2017) [2018] UGIC 29 (5 September 2018)

Court

Industrial Court of Uganda

Case number

Labour Dispute Appeal No. 26 of 2017

The Industrial Court struck out most of the appeal for raising mixed questions of law and fact without leave, and struck out the cross-appeal as duplicative and abusive.

• Unfair Termination
• Jurisdiction Of Industrial Court
• Appeals On Questions Of Law
• Cross Appeal Procedure
• Employment-law
• Labour-appeals