Wakilii

Geolodges v Meme Lydia (Labour Dispute Miscellaneous Application 128 of 2021)

Industrial Court · [2022] UGIC 61 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of Industrial Court award pending appeal to Court of Appeal
Decision
Application dismissed; execution of underlying award may proceed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court dismissed the application for stay of execution on the ground that the affidavit in support was fatally defective. Counsel for the applicant had deponed on contentious matters in contravention of Regulation 9 of the Advocates (Professional Conduct) Regulations, which prohibits advocates from giving evidence on contentious matters. The court further found that the applicant had not demonstrated the existence of a substantive appeal that would be rendered nugatory by execution.

Outcome

Application dismissed; execution of underlying award may proceed

Facts

Geolodges applied for stay of execution of an Industrial Court award made in Labour Dispute Reference 310 of 2017 in favour of Meme Lynda. The applicant had filed a notice of appeal to the Court of Appeal on 23 July 2021 and sought to stay execution pending determination of the appeal. The affidavit in support was sworn by Kiwunda Mathew, an advocate with M/s Muwema & Co Advocates. The respondent opposed the application on grounds that the affidavit was defective because counsel had deponed on contentious matters without written authority from the applicant, and that no valid appeal had been lodged. The applicant argued that counsel had authority to depone as an advocate with instructions to prosecute the application and that the matters deponed were within his knowledge.

Issues

  1. Whether the affidavit in support sworn by counsel was defective for contravening Regulation 9 of the Advocates (Professional Conduct) Regulations.
  2. Whether the applicant satisfied the conditions under Order 43 Rule 4(3) of the Civil Procedure Rules for grant of stay of execution.

Orders

  • Application dismissed for being rendered incompetent by defective affidavit in support.
  • Prayer for stay of execution of the award in Labour Dispute Reference 310 of 2017 denied.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Affidavits — Advocates Deponing on Contentious Matters
An advocate may not depone an affidavit on contentious matters that should ordinarily be deponed by the client. Regulation 9 of the Advocates (Professional Conduct) Regulations prohibits advocates from appearing in matters where they will be required to give evidence on contentious matters, whether verbally or by affidavit. An affidavit sworn by counsel in contravention of this regulation is fatally defective and renders the application incompetent.
Civil Procedure — Stay of Execution — Proof of Substantive Appeal
For an application for stay of execution to succeed, the applicant must prove that a substantive appeal exists. Filing a notice of appeal alone is insufficient; the applicant must demonstrate that steps have been taken to procure the typed record and file a memorandum of appeal, or explain any delay in doing so. In the absence of such evidence, the court may conclude that no substantive appeal exists that would be rendered nugatory by execution.

Legislation cited (7)

Cases cited (5)

  • Mugoya Construction and Engineering Ltd v Central Electricals International Ltd (Miscellaneous Application No. 699 of 2011)
  • Banco Arabe Espanol v Bank of Uganda (Supreme Court Civil Appeal No. 8 of 1998)
  • Caspair Ltd v Harry Gandy [1962] EA 414
  • Mutawe Andrew v Sanlam General Insurance (Labour Dispute Miscellaneous Application No. 101 of 2016)
  • Namakula v Kyaterekera Growers Cooperative Society Ltd (1993)

Full judgment

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

Geolodges_v_Meme_Lydia_(Labour_Dispute_Miscellaneous_Application_128_of_2021)_[2022]_UGIC_61_(6_June_2022)
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.