The Industrial Court dismissed Stanbic Bank Uganda Ltd’s application for leave to appeal, holding that it failed to identify specific questions of fact requiring review.
The court found that the applicant's grounds for appeal were based on questions of fact and mixed law and fact, specifically regarding the evaluation of evidence by the Labour Officer and the omission to address certain remedies. The respondent's objections were not supported by affidavit and constituted new evidence, which is inadmissible at this stage. The statutory framework requires leave to appeal on questions of fact, and the applicant satisfied the threshold by identifying specific factual issues arising from the Labour Officer's decision. The application was unopposed, and the court g…
The Industrial Court granted leave to appeal on factual and mixed questions of law and fact, while holding that pure questions of law did not require leave.
Rex v Vajaria (Cridinal Appeal No. 20 of 1943) [1943] EACA 56 (1 January 1943)
Court
East African Court of Appeal
Case number
Cridinal Appeal No. 20 of 1943
Judge
Lucie-Smith, J. (Kenya), Sheridan CJ
The court held that an appellate tribunal must review findings of fact, but should only reverse if convinced the lower court was wrong, especially on witness credibility.