Uganda Case Law

Nsenga v Alliance One Tobacco Uganda Limited (Labour Dispute Reference 88 of 2021)

Nsenga v Alliance One Tobacco Uganda Limited (Labour Dispute Reference 88 of 2021) [2021] UGIC 101 (12 October 2021)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 88 of 2021

Judge

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

The application for security for satisfaction of decree was filed before the suit from which it ought to have arisen. Order 40 rule 5 of the Civil Procedure Rules requires that attachment before judgment be sought in a suit that is already pending before the court. Since there was no pending suit at the time the application was filed, the application was incurably defective. The court cannot justifiably issue an order of attachment under Order 40 rule 5 CPR in an application filed prior to the institution of the suit. The protection afforded to a plaintiff by attachment before judgment only a…

Source excerpt

• Security For Satisfaction Of Decree
• Attachment Before Judgment
• Jurisdiction Of Labour Officer
• Procedural Defects