Uganda Case Law

Ojiambo v Centenary Rural Development Bank Limited

Ojiambo v Centenary Rural Development Bank Limited (Miscellaneous Application 197 of 2022) [2023] UGIC 69 (3 April 2023)

Court

Industrial Court of Uganda

Case number

Miscellaneous Application 197 of 2022

Judge

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

The application for interim injunctive relief fails on two preliminary grounds: first, there is no pending substantive application as required by Order 50 Rule 3A(3) of the Civil Procedure (Amendment) Rules, 2019; second, the applicant did not comply with Regulation 13(1) of the Mortgage Regulations, 2012, which mandates deposit of 30% of the forced sale value before seeking injunctive relief on mortgaged property. The court found no evidence of a substantive application with a likelihood of success, nor proof of the required deposit. The nature of the relief sought was not interim but pendin…

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• Interim Injunctions
• Mortgage Regulation Compliance
• Unfair Termination
• Loan Liability
• Industrial Court Jurisdiction
• Irreparable Injury

Uganda Clays Limited v Buyondo and 113 others (Labour Dispute Miscellaneous Application 97 of 2022)

Uganda Clays Limited v Buyondo and 113 others (Labour Dispute Miscellaneous Application 97 of 2022) [2022] UGIC 53 (20 December 2022)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application 97 of 2022

Judge

Tumusiime-Mugisha, J, Wacha, Panel Member, Achiro, Panel Member, Gidongo, Panel Member

The Industrial Court dismissed an application to stay labour proceedings pending appeal, finding no sufficient proof of a pending appeal or leave to appeal.

• Stay Of Proceedings
• Leave To Appeal
• Preliminary Objections
• Industrial Court Jurisdiction
• Stay-of-proceedings
• Leave-to-appeal

Meera Investments Limited v Akena and Another

Meera Investments Limited v Akena and Another (Miscellaneous Application 124 of 2022) [2022] UGIC 91 (3 November 2022)

Court

Industrial Court of Uganda

Case number

Miscellaneous Application 124 of 2022

Judges

Wabwire Musana, J, Musimbi, Panel Member, Kagoye, Lapenga

The court found that Section 6 of the Labour Disputes (Arbitration and Settlement) Act 2006 was inapplicable to the present dispute as it concerns disputes involving labour unions, whereas the case at hand was between employees and their employer. The court distinguished the Francis Dominic Meru case, noting that in that case, arbitral proceedings had concluded, whereas in the present matter, only preliminary steps had been taken and no substantive hearing had occurred before the labour officer. The court further held that under Section 5(1) and 5(3) of the LADASA and Section 93(7) of the Emp…

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• Labour Dispute Referral
• Premature Reference
• Industrial Court Jurisdiction
• Arbitration And Mediation
• Unfair Termination

Namusoke v Cairo International Bank (Labour Dispute Miscellaneous Application No. 3 of 2021)

Namusoke v Cairo International Bank (Labour Dispute Miscellaneous Application No. 3 of 2021) [2021] UGIC 56 (8 November 2021)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application No. 3 of 2021

Judge

Katende, Panel Member, Ruhinda-Ntengye, J, Bwire, Panel Member, Nyacho, Panel Member

The Industrial Court overruled a preliminary objection challenging its jurisdiction, holding that the court was properly constituted under the amended labour legislation.

• Industrial Court Jurisdiction
• Court Composition
• Labour Dispute Review
• Industrial-court-jurisdiction
• Court-composition
• Labour-dispute-review

Mwesigwa v Attorney General and Anor (Labour Dispute Reference No. 353 of 2019)

Mwesigwa v Attorney General and Anor (Labour Dispute Reference No. 353 of 2019) [2021] UGIC 15 (16 April 2021)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference No. 353 of 2019

Judge

Namara, Panel Member, Nabirye, Panel Member, Matovu, Panel Member, Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The Industrial Court held that the reference by the labour officer was proper and competent, as the officer explicitly referred the dispute to the court due to a substantial question of law or fact. Even if the labour officer had not referred the matter, Section 5 of the Labour Disputes (Arbitration and Settlement) Act allows parties to refer a dispute to the Industrial Court after eight weeks. The court further held that non-service of the complaint by the labour officer or non-participation of the Attorney General in the proceedings before the labour officer does not render the claim before…

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• Labour Officer Referral
• Industrial Court Jurisdiction
• Service Of Process
• Premature Filing

DFCU Bank Ltd v Kamuli

DFCU Bank Ltd v Kamuli (Civil Application 29 of 2019) [2020] UGSC 51 (7 December 2020)

Court

Supreme Court of Uganda

Case number

Civil Application 29 of 2019

Judge

Buteera, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC

The Supreme Court held that the right of appeal to the Supreme Court must be expressly provided for by statute. Article 132(2) of the Constitution requires that appeals to the Supreme Court from the Court of Appeal be prescribed by law. Section 22 of the Labour Dispute (Arbitration and Settlement) Act only provides for appeals from the Industrial Court to the Court of Appeal on points of law or jurisdiction, and does not provide for further appeal to the Supreme Court. The Industrial Court, while having concurrent jurisdiction with the High Court in employment matters, is not itself the High…

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• Right Of Appeal
• Industrial Court Jurisdiction
• Appellate Jurisdiction
• Notice Of Appeal
• Statutory Interpretation

Joseph Initiatives Ltd v Akugizibwe (MISC.CIVIL APPLICATION No. 51 OF 2018)

Joseph Initiatives Ltd v Akugizibwe (MISC.CIVIL APPLICATION No. 51 OF 2018) [2020] UGHCCD 149 (27 May 2020)

Court

HC: Civil Division (Uganda)

Case number

MISC.CIVIL APPLICATION No. 51 OF 2018

Judge

Gadenya, J

The High Court allowed an application to extend time to file an affidavit in reply, finding sufficient cause despite the applicant’s internal negligence, subject to costs.

• Extension Of Time
• Judicial Review Procedure
• Service Of Process
• Default And Negligence
• Substantive Justice
• Industrial Court Jurisdiction

Namusoke v Cairo International Bank Ltd

Namusoke v Cairo International Bank Ltd (Miscellaneous Application No. 132 of 2019) [2019] UGIC 42 (21 August 2019)

Court

Industrial Court of Uganda

Case number

Miscellaneous Application No. 132 of 2019

Judge

Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The court held that under section 94(2) of the Employment Act, appeals to the Industrial Court must be on questions of law, and questions of fact may only be included with leave of the court. The court found that the appeal in question included grounds that were mixed law and fact, and no leave had been sought prior to filing. The court rejected the respondent's argument that leave could be sought after filing the appeal, emphasizing that compliance with section 94 is a substantive requirement. However, following precedent, the court scrutinized the grounds of appeal and determined that one g…

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• Leave To Appeal
• Questions Of Law And Fact
• Competence Of Appeal
• Industrial Court Jurisdiction

Blanche Byarugaba Kaira v Africa Field Epidemiology Network (Labour Dispute Reference No. 131 of 2018)

Blanche Byarugaba Kaira v Africa Field Epidemiology Network (Labour Dispute Reference No. 131 of 2018) [2019] UGIC 20 (26 July 2019)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference No. 131 of 2018

Judge

Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The Industrial Court of Uganda held that Blanche Byarugaba Kaira was unlawfully terminated and awarded severance allowance and general damages, but rejected salary arrears, denied-hearing pay, and loan recovery.

• Unlawful Termination
• Severance Allowance
• Salary Arrears
• Salary Loan Liability
• General Damages
• Industrial Court Jurisdiction