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28 Nov 2023

Employment And Labour [2023] UGIC 88

Global Trust Bank Limited and Another v Ssemombwe (Labour Dispute Miscellaneous Application 5 of 2023)

Global Trust Bank Limited and Another v Ssemombwe (Labour Dispute Miscellaneous Application 5 of 2023) [2023] UGIC 88 (28 November 2023)

Court: Industrial Court of Uganda
Case number: Labour Dispute Miscellaneous Application 5 of 2023
Judges: Wabwire Musana, J, Musimbi, Panel Member, Kagoye, Lapenga

The court held that while a Labour Officer has discretion to extend the time for filing a labour complaint beyond the statutory three months, such extension cannot exceed the six-year limitation period prescribed by Section 3(1)(e) of the Limitation Act Cap. 80. The Respondent's employment ended on 12th May 2008, and he failed to file his claim within six years, only lodging it thirteen years later. The court found that the Respondent did not plead disability in the memorandum of claim as required by Order 7 Rule 6 of the Civil Procedure Rules, and the medical condition was introduced only in…

Source excerpt

Limitation Periods
Labour Officer Discretion
Disability Exemption
Cause Of Action
Non Existent Party
Unlawful Dismissal

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24 Jan 1992

Tort Law [1992] UGHCCD 113

Zzizinga and Another v Uganda Commercial Bank

Zzizinga and Another v Uganda Commercial Bank (Civil Suit 3 of 1990) [1992] UGHCCD 113 (24 January 1992)

Court: HC: Civil Division (Uganda)
Case number: Civil Suit 3 of 1990
Judge: Kireju, J

The court held that the action by the first plaintiff, George Zizzinga, was time-barred as it was filed more than 12 months after the cause of action arose, contrary to section 2(1)(d) of the Civil Procedure and Limitation (Miscellaneous Provisions) Act, 1969. The statutory notice served within the limitation period did not extend the time for filing suit, as statutory notice is not part of court proceedings. However, the minor plaintiffs, suing through their next friend, were entitled to the disability exemption under section 4 of the same Act, allowing them to file suit within 12 months aft…