Dr. Nsubuga v China International Water and Electric Corporation (Labour Dispute Reference 127 of 2020)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Industrial Court overruled both preliminary objections. The Claimant's objection that the notice of dismissal was fabricated raised a question of fact requiring trial, not a pure point of law. The Respondent's objection that the employment contract was not attached to the memorandum of claim was misconceived, as the contract was properly annexed. The Court discouraged the practice of raising preliminary objections as a matter of course where their merits are not well grounded.

Outcome

Both preliminary objections dismissed; matter set down for hearing on the merits

Facts

Dr. Nsubuga Kevin Wilson Ben was employed by China International Water & Electric Corporation under annual renewable contracts. His last contract was renewed on 1st October 2019, valid until 30th September 2020. A dispute arose concerning his dismissal. The Respondent produced a notice of dismissal dated 28th February 2020, but the Claimant contended he worked and was paid salary until April 2020. Before the hearing on the merits, both parties raised preliminary objections. The Claimant alleged the dismissal notice was fabricated and sought to have the Respondent's pleadings struck out. The Respondent objected that the memorandum of claim did not disclose a cause of action because the employment contract was not attached.

Issues

1. Whether the Claimant's preliminary objection that the notice of dismissal was fabricated raises a pure point of law capable of disposing of the suit.
2. Whether the Respondent's preliminary objection that the memorandum of claim does not disclose a cause of action for failure to attach the employment contract is well founded.

Orders

• Both preliminary objections overruled.
• No order as to costs.
• Labour Dispute Reference No. 127 of 2020 set down for hearing on 26th June 2023 at 9:30 a.m.

Rules and key headnotes

Legislation cited (5)

• Civil Procedure Rules S.I. 71-1 Order 6 Rule 28
• Civil Procedure Rules S.I. 71-1 Order 6 Rule 29
• Civil Procedure Rules S.I. 71-1 Order 6 Rule 30
• Civil Procedure Rules S.I. 71-1 Order 6 Rule 8
• Civil Procedure Rules S.I. 71-1 Order 7 Rule 14(1)

Cases cited (4)

• Makula International vs. Cardinal Nsubuga
• Mukisa Biscuits Manufacturing Co. Ltd v West End Distributors Ltd (1969) EA 696
• Obore George v The Inspectorate of Government and Anor (H.C.M.A No. 5 of 2013)
• Yaya Obur and Ors (C.A 81 of 2018)

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