Alinda & Anor v African Humanitarian Action (AHA) & Anor (Miscellaneous Application No. 33 of 2020)
Observed later treatment
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Holding
The Industrial Court declined to entertain an application for a representative order brought before it when the underlying notice to show cause why execution should not issue had not been determined by the Registrar. The court held that the proper procedure required the Registrar to first rule on the notice to show cause, and that ruling would determine the next course of action. The file was remitted to the Registrar.
Outcome
Matter remitted to Registrar for determination of notice to show cause
Facts
The applicants brought an application by chamber summons seeking a representative order under constitutional and statutory provisions. The application arose from execution proceedings following Labour Dispute Claim No. 236 of 2019. A notice to show cause why execution should not issue had been filed before the Registrar, but the court record did not show whether the Registrar had handled or decided that application. The matter came before the Industrial Court for determination of the representative order application.
Issues
- Whether the court should entertain an application for a representative order before the Registrar has ruled on a notice to show cause why execution should not issue.
Orders
- File remitted back to the Registrar to entertain a notice to show cause why execution should not issue.
Rules and key headnotes
Legislation cited (4)
Cases citing this judgment (1)
How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.