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2 May 2023

Employment And Labour [2023] UGIC 14

Kakooza and 16 Others v Sheraton Kampala Hotel (Labour Dispute Reference 202 of 2022)

Kakooza and 16 Others v Sheraton Kampala Hotel (Labour Dispute Reference 202 of 2022) [2023] UGIC 14 (2 May 2023)

Court: Industrial Court of Uganda
Case number: Labour Dispute Reference 202 of 2022
Judges: Wabwire Musana, J, Musimbi, Panel Member, Kagoye, Lapenga

The Industrial Court held that the Civil Procedure Rules, specifically Order 1 Rule 8, apply to proceedings before it where the Labour Dispute (Arbitration and Settlement) Act and its rules are silent. The court found that the claim was a representative action because the claimants had a common interest regarding their termination and sought similar reliefs. However, the claimants failed to obtain a representative order as required by Order 1 Rule 8, and the memorandum of claim did not clearly identify all parties to the suit. The court emphasized that compliance with the procedural requireme…

Source excerpt

Representative Actions
Labour Dispute Procedure
Powers Of Attorney
Applicability Of Civil Procedure Rules

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18 Mar 2021

Constitutional Law [2021] UGSC 64

Kyagulanyi v Museveni & 2 Others

Kyagulanyi v Museveni & 2 Others (Miscellaneous Application 1 of 2021) [2021] UGSC 64 (18 March 2021)

Court: Supreme Court of Uganda
Case number: Miscellaneous Application 1 of 2021
Judge: Owiny-Dollo, CJ, Kisaakye, JSC, Arach-Amoko, JSC, Opio Aweri, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC

The Supreme Court held that the Constitution and the Presidential Elections Act prescribe strict timelines for filing and determining presidential election petitions, and do not provide for amendment of pleadings after filing. Rule 15 of the Presidential Elections (Election Petitions) Rules only permits application of the Civil Procedure Act and Rules to the trial, not to amendment of pleadings. The proposed amendment sought to introduce new causes of action and grounds, which would amount to filing a fresh petition outside the constitutional timeframe. The applicant's circumstances, includin…