Uganda Case Law

Tumshabe v Normandy Company

Tumshabe v Normandy Company (Miscellaneous Application 71 of 2023) [2023] UGIC 105 (10 November 2023)

Court

Industrial Court of Uganda

Case number

Miscellaneous Application 71 of 2023

Judges

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

The court found that the applicant's delay in filing the Memorandum of Claim was primarily due to a mistake by his legal counsel, who erroneously believed that a medical board report was required before filing. The court held that such mistakes by counsel, even if negligent, should not be visited upon the litigant. Established jurisprudence in Uganda supports granting extensions of time where sufficient cause is shown, including errors by legal advisors. The court determined that the applicant was prevented from timely filing by sufficient cause and that the claim for unfair termination fell…

Source excerpt

• Extension Of Time
• Sufficient Cause
• Mistake Of Counsel
• Unfair Termination
• Labour Dispute Procedure

Okello v Hariss International Limited (Labour Dispute Reference 328 of 2017)

Okello v Hariss International Limited (Labour Dispute Reference 328 of 2017) [2023] UGIC 9 (2 June 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 328 of 2017

Judges

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

The Industrial Court, guided by Section 18 of the Labour Disputes (Arbitration and Settlement) Act, 2006, is not bound by the strict rules of evidence applicable in civil proceedings. The Court determined that the contested documents should be admitted as identification documents, subject to formal proof at the hearing. The Court emphasized that the relevance, authenticity, and materiality of the documents can only be properly assessed after the evidence has been tested during cross-examination. Admission as identification documents does not equate to proof or confer evidential value; the doc…

Source excerpt

• Admissibility Of Evidence
• Labour Dispute Procedure
• Document Authentication

Lubega and 5 Others v Roofings Uganda Limited (Labour Dispute Reference 166 of 2020)

Lubega and 5 Others v Roofings Uganda Limited (Labour Dispute Reference 166 of 2020) [2023] UGIC 12 (5 May 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 166 of 2020

Judges

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

The Industrial Court admitted disputed trial-bundle documents, a COVID-19 presidential address, and ordered witness summons in a labour dispute.

• Admissibility Of Evidence
• Labour Dispute Procedure
• Disciplinary Process
• Union Representation
• Admissibility-of-evidence
• Labour-dispute-procedure

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

Omondi and 22 Others v Civicon Limited and 2 Others

Omondi and 22 Others v Civicon Limited and 2 Others (Miscellaneous Application No. 119 of 2022) [2022] UGIC 11 (5 December 2022)

Court

Industrial Court of Uganda

Case number

Miscellaneous Application No. 119 of 2022

Judge

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

The Industrial Court granted substituted service and extended time for serving summons after finding the applicants had diligently tried ordinary service without success.

• Substituted Service
• Enlargement Of Time
• Service Of Process
• Labour Dispute Procedure
• Substituted-service
• Enlargement-of-time

Bugema Adventist Secondary School v Namuleme (Labour Dispute Miscellaneous Application 153 of 2022)

Bugema Adventist Secondary School v Namuleme (Labour Dispute Miscellaneous Application 153 of 2022) [2022] UGIC 92 (11 November 2022)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application 153 of 2022

Judges

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

The Industrial Court granted an extension of time for Bugema Adventist Secondary School to file replies, accepting that former counsel’s omission was sufficient cause.

• Extension Of Time
• Mistake Of Counsel
• Pleadings Out Of Time
• Labour Dispute Procedure
• Extension-of-time
• Mistake-of-counsel

Bugema Advantist Secondary School v Namuleme (Labour Dispute Miscellaneous Application No. 152 of 2022)

Bugema Advantist Secondary School v Namuleme (Labour Dispute Miscellaneous Application No. 152 of 2022) [2022] UGIC 12 (4 November 2022)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application No. 152 of 2022

Judge

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

The Industrial Court granted an unopposed application to extend time for filing replies, finding sufficient cause due to former counsel’s failure to act.

• Extension Of Time
• Mistake Of Counsel
• Pleadings Out Of Time
• Labour Dispute Procedure
• Extension-of-time
• Mistake-of-counsel

Shoprite Checkers (U) Limited v Nyende (Labour Dispute Miscellaneous Application No. 139 of 2021)

Shoprite Checkers (U) Limited v Nyende (Labour Dispute Miscellaneous Application No. 139 of 2021) [2021] UGIC 55 (19 November 2021)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application No. 139 of 2021

Judge

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

The Industrial Court held that the labour claim was not fatally defective and could be amended to include the 44 claimants, dismissing the application to strike it out.

• Representative Suits
• Order 1 Rule 8 Compliance
• Labour Dispute Procedure
• Amendment Of Pleadings
• Representative-suits
• Order-1-rule-8

Wageningen UR Uganda Limited v Yiki (Labour Dispute Miscellaneous Application No. 174 of 2020)

Wageningen UR Uganda Limited v Yiki (Labour Dispute Miscellaneous Application No. 174 of 2020) [2021] UGIC 76 (8 November 2021)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application No. 174 of 2020

Judge

Tumusiime-Mugisha, J, Ebyau, Panel Member, Mubuuke, Panel Member, Mugambwa, Panel Member

The Industrial Court of Uganda dismissed an application to extend time to file a reply in a labour dispute, finding no sufficient cause for the delay.

• Extension Of Time
• Service Of Process
• Labour Dispute Procedure
• Extension-of-time
• Service-of-process
• Labour-dispute-procedure

MTN Limitd v Katamba

MTN Limitd v Katamba (Civil Miscellaneous Application No. 4 of 2021) [2021] UGIC 40 (28 May 2021)

Court

Industrial Court of Uganda

Case number

Civil Miscellaneous Application No. 4 of 2021

Judge

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

The Industrial Court struck out MTN Uganda Limited’s application for extension of time and leave to file a surrejoinder, finding no sufficient reason for the delay.

• Extension Of Time
• Pleadings
• Abuse Of Process
• Labour Dispute Procedure
• Extension-of-time
• Abuse-of-process