Wakilii

Amony v Madhvani Group Limited (Civil Miscellaneous Application No. 66 of 2019)

Industrial Court · [2021] UGIC 3 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal out of time arising from a Labour Officer's decision in a labour dispute
Decision
Application for leave to appeal out of time dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court has jurisdiction to extend time for filing an appeal even where time is prescribed by statute, provided sufficient cause is shown. However, the applicant failed to demonstrate sufficient cause where evidence was lacking that she personally delivered the Labour Officer's decision to her advocates in time, and where the only explanation was a secretary's failure to pass documents to counsel. The application for leave to appeal out of time was dismissed.

Outcome

Application for leave to appeal out of time dismissed

Facts

The applicant sought leave to appeal out of time from a Labour Officer's decision in Jinja Labour Dispute No. LABI.CB. 050. The applicant's case was that the appealable decision was given to the secretary of her counsel after the expiry of the time within which to lodge the appeal, and that the secretary failed to deliver it to counsel in time. The applicant argued that weaknesses in the administration of her advocates' chambers should not be visited upon her. The respondent opposed the application, arguing that the court lacked jurisdiction to extend statutory time limits and that the applicant had not provided sufficient evidence of when she delivered the decision to her lawyers or when the secretary received it.

Issues

  1. Whether the Industrial Court has jurisdiction to extend time limited by statute for filing an appeal.
  2. Whether the applicant has shown sufficient cause to warrant extension of time to file an appeal out of the prescribed period.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Extension of Time — Jurisdiction of Industrial Court — Statutory Time Limits
The Industrial Court has jurisdiction to extend time for filing an appeal even where the time limit is prescribed by statute, provided sufficient cause is shown.
Extension of Time — Application of Civil Procedure Rules to Industrial Court
Where there is a lacuna in the Labour (Arbitration & Settlement) (Industrial Court Procedure) Rules 2012, the Industrial Court may apply the Civil Procedure Rules.
Extension of Time — Sufficient Cause — Advocate's Negligence
A secretary's failure to deliver documents to an advocate in time does not constitute sufficient cause for extension of time to appeal where the applicant has not provided evidence of when she personally delivered the documents to the advocate's office and the circumstances leading to the delay.
Appeals — Extension of Time — Burden of Proof
Before exercising discretion to extend time within which to appeal from a Labour Officer's decision, the court must rule out completely the dilatory conduct of the applicant and be satisfied that the applicant played her part to instruct her lawyers in time.

Legislation cited (8)

Cases cited (6)

  • Makula International v Cardinal Nsubuga (1982 HCB)
  • Osilo Jackson v Industrial Security Services Ltd (Labour Dispute Claim No. 210 of 2015)
  • Mohammed B. Kasasa v Jaspher Ruyonga Silasi Bwogi (Civil Appeal No. 42 of 2008)
  • James Bwogi & Sons Enterprises Ltd v Kampala City Council and Kampala District Land Board (Civil Application No. 09 of 2017)
  • Honondi Daniel v Yolamu Egondi (Civil Appeal No. 67 of 2003)
  • Capt. Phillip Ongom v Catherine Nyero Owota (Supreme Court Civil Appeal No. 14 of 2001)

Full judgment

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

Amony_v_Madhvani_Group_Limited_(Civil_Miscellaneous_Application_No._66_of_2019)_[2021]_UGIC_3_(5_February_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.