Wakilii

Hatega v Attorney General and Another (Miscellaneous Application 52 of 2022)

Industrial Court · [2024] UGIC 2 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for certificate of order for payment of decretal sum under Government Proceedings Act following Industrial Court award
Decision
Certificate of order for payment issued; matter referred to Registrar for issuance of certificate in prescribed form

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court granted a certificate of order for payment of UGX 78,380,915 under section 19 of the Government Proceedings Act. The Court found that an award had been made against the Government on 22 January 2021, costs had been taxed on 17 November 2021, and the application was filed more than 21 days after the order and after taxation of costs, satisfying all statutory requirements. The Court directed the Registrar to issue the certificate in Form A.

Outcome

Certificate of order for payment issued; matter referred to Registrar for issuance of certificate in prescribed form

Facts

The Applicant, Lydia Hatega, was the legal representative of the estate of her late husband Francis Xavier Hatega, who died while employed as a Foreign Service Officer with the Government of Uganda. On 22 January 2021, the Industrial Court awarded her death gratuity of UGX 206,064 with interest at 20% from filing, general damages of UGX 30,000,000 with interest at 15% from the award, and costs. A decree was extracted on 30 March 2021. Costs were taxed at UGX 43,510,000 on 17 November 2021. The Applicant filed this application on 12 April 2022 seeking a certificate of order for payment of the total sum of UGX 78,380,915 including interest and taxed costs. The Respondents did not file affidavits in reply or submissions.

Issues

  1. Whether the Court should grant the Applicant a certificate of order for payment against the Government.

Orders

  • Certificate of order for payment of the decretal sum as per decree of 30 March 2021 in Labour Reference No. 19 of 2014 doth issue.
  • File to be placed before the Registrar of the Industrial Court for issuance of certificate of order in Form A under Rule 14(3) of the Government Proceedings (Civil Procedure) Rules S.I. 77-1 certifying the sum of UGX 78,380,915 as payable.
  • No order as to costs of the application.

Rules and key headnotes

Government Proceedings — Certificate of Order — Requirements under Section 19 Government Proceedings Act
Where an order including costs has been made against the Government and costs have been taxed, a certificate of order shall issue upon application made after expiration of 21 days from the date of the order or after taxation of costs, whichever is later.
Government Proceedings — Certificate of Order — Proper Officer to Issue Certificate
An application for a certificate under section 19 of the Government Proceedings Act may be made to the Registrar of the Industrial Court whose functions under section 12(5) of the Labour Disputes (Arbitration and Settlement) (Amendment) Act 2021 are similar to those of a Registrar of the High Court, though the Court may consider such application for expediency and optimal use of judicial resources.
Death Benefits — Enforcement of Award — Certificate of Order Procedure
Where the Industrial Court has awarded death gratuity and general damages to the legal representative of a deceased government employee and costs have been taxed, the proper procedure for enforcement is by application for a certificate of order under section 19 of the Government Proceedings Act.

Legislation cited (5)

Full judgment

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Hatega_v_Attorney_General_and_Another_(Miscellaneous_Application_52_of_2022)_[2024]_UGIC_2_(25_January_2024)
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.