Wakilii

Barbic Tumushabe v The Normandy Company (Labour Dispute Miscellaneous Application 71 of 2023)

Industrial Court · [2023] UGIC 100 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file Memorandum of Claim in labour dispute arising from alleged unfair termination
Decision
Application granted; time extended to file Memorandum of Claim; underlying labour dispute to proceed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court granted an extension of time to file the Memorandum of Claim. The applicant's counsel mistakenly believed a Medical Arbitration Board report was required before filing. The Court held that counsel's error constituted sufficient cause and should not be visited upon the litigant. The application succeeded with no order as to costs.

Outcome

Application granted; time extended to file Memorandum of Claim; underlying labour dispute to proceed

Facts

The applicant was employed by the respondent and sustained injuries while on attachment to a host employer in Somalia. He was evacuated to Uganda and subsequently terminated due to prolonged illness. He filed a complaint with the labour office and after mediation failed, the matter was referred to the Industrial Court on 10 February 2023. The applicant waited for a medical opinion from the Medical Arbitration Board before filing his Memorandum of Claim on 3 May 2023, beyond the seven-day period prescribed by Rule 5(1) of the Labour Disputes (Arbitration and Settlement)(Industrial Court Procedure) Rules, 2012. He applied for an extension of time, citing the delay in obtaining the medical report. The respondent opposed, arguing that the delay did not constitute sufficient cause and that the Court lacked jurisdiction over workers' compensation claims.

Issues

  1. Whether time for filing the Memorandum of Claim should be extended.

Orders

  • Application for extension of time granted.
  • Time extended for filing of the Memorandum of Claim.
  • Labour Dispute Reference No. 028 of 2023 validated.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Extension of Time — Sufficient Cause — Mistake of Counsel
The omission or mistake of counsel, even if negligent, ought not to be visited upon the litigant and constitutes sufficient cause for granting an extension of time to file documents.
Employment & Labour — Industrial Court Procedure — Extension of Time — Discretion of Court
Under Rule 6(1) of the Labour Disputes (Arbitration and Settlement)(Industrial Court Procedure) Rules, 2012, a party who fails to file documents within the prescribed time may apply to the Court for an extension of time, and the Court may determine the application as it deems fit.
Civil Procedure — Extension of Time — Test for Grant — Sufficient Cause
The primary test before time can be enlarged is whether the applicant was prevented by sufficient cause from taking a particular step within the time prescribed.

Legislation cited (6)

Cases cited (10)

  • Christopher Gashirabake v Samantha Mwesigye (Labour Dispute Miscellaneous Application No. 27 of 2022)
  • Hadondi Daniel v Yolam Egondi (Court of Appeal No. 67 of 2003)
  • Buso Foundation Ltd v Bob Mate Phillips & Anor (Court of Appeal No. 40 of 2009)
  • Banco Arabe Espanol v Bank of Uganda (Supreme Court Civil Appeal No. 8 of 1998)
  • James Bwogi v KCCA and KDLB (Supreme Court Civil Appeal No. 09 of 2017)
  • MTN (U) Ltd v Anthony Katamba (Labour Dispute Miscellaneous Application No. 004 of 2021)
  • Crane Finance Co. Ltd Vs Makerere Properties, Supreme Court Civil Appeal No. of 2001
  • Nicholas Roussos v Gulamhussein Habib Virani & Anor (Civil Appeal No. 9 of 1993)
  • Florence Nabatanzi v Naome Binsobodde
  • Bishop Jacinto Kibuuka v The Uganda Catholic Lawyers Society & 2 Others

Full judgment

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

Barbic_Tumushabe_v_The_Normandy_Company_(Labour_Dispute_Miscellaneous_Application_71_of_2023)_[2023]_UGIC_100_(10_November_2023)
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.