Wakilii

Ambasisa v Roofings Rollings Mills Limited (Miscellaneous Application No. 25 of 2020)

Industrial Court · [2021] UGIC 84 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal of labour dispute reference for want of prosecution
Decision
Dismissal order set aside and labour dispute reference reinstated for hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that an advocate's failure to appear at a pre-session hearing and comply with court directives constitutes sufficient cause to set aside dismissal of a labour dispute where the client properly instructed counsel. The court found that the applicant honestly intended to prosecute his claim by engaging counsel, and counsel's negligence in failing to attend court or advise the client cannot be visited upon the client. The dismissal was set aside and the suit reinstated.

Outcome

Dismissal order set aside and labour dispute reference reinstated for hearing on merits

Facts

The applicant was employed by the respondent from 5 November 2014 and summarily dismissed on 1 February 2018 for alleged theft. He filed a labour dispute which was referred to the Industrial Court as LDR No. 24 of 2019. The applicant engaged Patrick Mugalula of Katende Sempebwa & Co. Advocates to conduct the case, then travelled to India for studies. A pre-session hearing was scheduled for 23 September 2019. Court served hearing notices on both counsel on 7 August 2019. Neither party appeared on the hearing date and the court dismissed the matter for want of prosecution. The applicant returned from India on 22 November 2019 and subsequently filed this application to set aside the dismissal.

Issues

  1. Whether there is sufficient cause for reinstatement of the suit dismissed for want of prosecution.

Orders

  • Application allowed.
  • Order for dismissal of Labour Dispute Reference No. 24 of 2019 set aside.
  • Suit reinstated.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Setting Aside Dismissal — Sufficient Cause — Advocate's Negligence
Where a litigant properly instructs counsel to conduct proceedings and counsel fails to appear at a scheduled hearing or comply with court directives, leading to dismissal for want of prosecution, the advocate's negligence constitutes sufficient cause to set aside the dismissal under Order 9 rule 18 of the Civil Procedure Rules.
Employment & Labour — Labour Disputes — Procedural Requirements — Advocate's Responsibility
Under Regulations 5(1) and 6 of the Advocates (Professional Conduct) Regulations, an advocate in personal conduct of a case has primary responsibility to advise the client about the status and progress of the case, appear in court personally or brief another advocate from the firm, and comply with court directives including filing pre-trial documents.
Civil Procedure — Service of Process — Responsibility to Notify Client
Where court serves hearing notices on counsel rather than on parties individually, it is the responsibility of counsel to notify their respective clients about court notices and not the responsibility of the client to follow up the case, having engaged counsel to conduct it on their behalf.
Civil Procedure — Setting Aside Dismissal — Honest Intention to Prosecute
A litigant demonstrates honest intention to prosecute a claim by engaging counsel to conduct the case. The litigant cannot be faulted for the dilatory conduct of their lawyers, and in the interest of justice, the mistakes of counsel cannot be visited upon the client.

Legislation cited (8)

Cases cited (3)

  • Nicholas Roussoss v Gulam Hussien Virani (SCCA No. 09 of 1993)
  • Ntalo Mohamed v Stanbic Bank of Uganda Limited (Miscellaneous Application No. 211 of 2017)
  • Nakiridde v Hotel International Ltd [1987] HCB 85

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Ambasisa_v_Roofings_Rollings_Mills_Limited_(Miscellaneous_Application_No._25_of_2020)_[2021]_UGIC_84_(24_September_2021)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.