John W.K. Luwiiwi v Uganda Airlines Corporation (Miscellaneous Application 9 of 1992)

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 High Court granted the applicant leave to file a representative action under Order 1 rule 8 of the Civil Procedure Rules on behalf of 80 former employees of Uganda Airlines Corporation seeking payment of redundancy benefits. The court was satisfied that service was properly effected on the respondent and that the requirements for representative action were met.

Outcome

Application granted; applicant permitted to proceed with representative action

Facts

The applicant and 80 other employees were declared redundant by Uganda Airlines Corporation on 1 August 1991. According to a letter from the Corporation, the employees were to receive redundancy benefits within a reasonable period. To date, the respondent had failed or neglected to pay the said benefits. The applicant, a former employee, was authorised by the 80 other former employees to represent them in bringing suit against the Corporation for payment of redundancy benefits. The respondent was served with the application but did not appear, and the court allowed the matter to proceed ex parte.

Issues

1. Whether the applicant should be granted leave to bring a representative action on behalf of 80 other former employees for unpaid redundancy benefits.

Orders

• The applicant John W.K. Luwiiwi is allowed to bring a representative action on behalf of the other 80 employees who were made redundant by the respondent company.
• The costs of this application will be in the cause.

Rules and key headnotes

Legislation cited (2)

• Civil Procedure Rules Order 1 rule 8
• Civil Procedure Rules Order 1 rule 22

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