Wakilii

Engineer Vincent Otim and Another v Attorney General (Miscellaneous Application No. 57 of 2022)

Industrial Court · [2026] UGIC 19 · 2026 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file an application for review of an Industrial Court award
Decision
Extension of time granted but substantive review application dismissed due to pending appeal

Observed later treatment

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Holding

The Industrial Court granted an extension of time to file an application for review of an earlier award, finding that a seven-day delay was sufficiently explained by the applicants' travel and illness. However, the Court dismissed the substantive review application because the Respondent had already filed a notice of appeal before the review application was lodged, and under Section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules, a party who has filed an appeal cannot apply for review. The Court held it lacked jurisdiction to strike out the notice of appeal.

Outcome

Extension of time granted but substantive review application dismissed due to pending appeal

Facts

The Applicants sought to review an award by Ntengye H.J. of 14 April 2022 in Labour Dispute Reference No. 57 of 2019. In that award, three of four claimants were granted pension benefits based on continuous service across the Road Agency Formation Unit and the Ministry of Works and Transport. The second Applicant (Eng. Bwanga) was denied benefits because he formally resigned from public service, thereby forfeiting pension rights. The Applicants applied for an extension of time to file their review application, citing travel to Soroti and illness from COVID-19 as reasons for delay. The Attorney General filed a notice of appeal against the original award on 21 April 2022. The present application was filed on 11 May 2022, twenty days after the notice of appeal and seven days after the prescribed 21-day review period expired.

Issues

  1. Whether the court should extend time to file the application for review.
  2. Whether there is an appeal preferred by the Respondent.
  3. Whether the Industrial Court should review the award.

Orders

  • Time to file an application for review of the award in LDR 57 of 2019 is extended.
  • The motion for review in LDMA 57 of 2022 filed in Court on 15 December 2022 is validated.
  • The objection that the application is time-barred is overruled.
  • The application for review is dismissed.
  • Each party to bear its own costs.

Rules and key headnotes

Civil Procedure — Extension of Time — Good and Sufficient Cause — COVID-19 and Travel as Grounds
Under Rule 6 of the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure Rules) 2012, the Industrial Court has wide discretionary power to extend filing deadlines for good and sufficient cause. A seven-day delay in filing an application for review may be excused where the delay is explained by travel and illness from COVID-19, and the applicant is not culpable for inordinate or undue delay.
Civil Procedure — Notice of Appeal — Effect on Right to Apply for Review
Where a notice of appeal has been filed before an application for review is lodged, the review application is barred under Section 82 of the Civil Procedure Act and Order 46 Rules 1 and 2 of the Civil Procedure Rules. A party who has filed a notice of appeal cannot subsequently apply for review of the same decision.
Civil Procedure — Jurisdiction of Trial Court — Notice of Appeal — Striking Out or Validation
The Industrial Court lacks jurisdiction to strike out, validate, or extend time in relation to a notice of appeal filed in the Court of Appeal. Determination of the validity of a notice of appeal is a matter for the appellate court alone, and any orders made by the trial court in relation to such notice would be a nullity.
Civil Procedure — Notice of Appeal — Effect as Pending Appeal
A notice of appeal constitutes sufficient evidence of a pending appeal and is a sufficient expression of intention to file an appeal, even if a memorandum of appeal has not yet been filed. The notice of appeal is sufficient to found the basis for procedural orders that depend on the existence of a pending appeal.
Employment & Labour — Costs in Labour Disputes — Principles for Award
Costs do not ordinarily follow the event in a labour dispute unless there is some form of misconduct on the part of the losing party. Absent misconduct, each party will bear its own costs.

Legislation cited (15)

Cases cited (20)

Full judgment

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Engineer Vincent Otim and Another v Attorney General (Miscellaneous Application No. 57 of 2022) [2026] UGIC 19 (23 March 2026)
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.