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Kampala Play House Limited and 20 Others v Oligo and 19 Others (Labour Dispute Miscellaneous Application 18 of 2021)

Industrial Court · [2021] UGIC 95 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal on points of law and fact, to raise new issues of law, and to amend the memorandum of appeal in Labour Dispute Appeal No. 04/2020
Decision
Application granted in its entirety; applicants permitted to proceed with amended appeal on mixed law and fact

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court granted leave to the applicants to appeal on points of mixed law and fact, to raise new issues of law not previously raised before the labour officer, and to amend the memorandum of appeal. The court held that evaluation of evidence constitutes both a question of law and fact, that legal issues can be raised at any time during proceedings where illegality is alleged, and that amendments to grounds of appeal are permissible under Order 43 rule 4 of the Civil Procedure Rules where they do not introduce a new cause of action.

Outcome

Application granted in its entirety; applicants permitted to proceed with amended appeal on mixed law and fact

Facts

The respondents were employed by the applicants as security guards and supervisors under specific contracts. All were terminated on 31 January 2019 with restructuring cited as the reason. They filed a complaint with the labour office, which decided in their favour, awarding various remedies including repatriation, retirement package, overtime, and compensation. The applicants filed an appeal to the Industrial Court raising grounds on points of law only. Subsequently, they brought this application seeking leave to appeal on points of fact, to raise new issues of law not raised before the labour officer, and to amend their memorandum of appeal to include additional grounds.

Issues

  1. Whether leave should be granted to the applicants to appeal on points of law and fact.
  2. Whether leave should be granted to the applicants to raise issues of law not raised before the labour officer.
  3. Whether leave should be granted to the applicants to amend the memorandum of appeal.

Orders

  • Leave granted to the applicants to appeal on points of mixed law and fact.
  • Leave granted to the applicants to raise new issues of law not raised before the labour officer.
  • Leave granted to the applicants to amend the memorandum of appeal.
  • The amended memorandum of appeal filed as attachment 'C' is validated.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Appeals from Labour Officer — Leave to Appeal on Mixed Law and Fact
Under Section 94 of the Employment Act, an appeal against the decision of a labour officer lies to the Industrial Court only on matters of law, but an appellant may appeal on matters of fact or mixed law and fact with leave of court. Evaluation of evidence constitutes a look at the facts as they relate to the relevant subject in dispute, and there is a thin line between evaluation of evidence as a point of law or as a point of fact. Where a ground of appeal states evaluation of evidence as an error in both law and fact, such a ground constitutes a matter of law.
Employment & Labour — Appeals from Labour Officer — Time Limits for Leave Applications
There is no statutory time limit within which leave to appeal on matters of law and fact must be sought. Once an appeal has been lodged against a decision within the prescribed time in accordance with Regulation 45(1) of the Employment Regulations 2011, no other time limit is provided for any further application related to the already filed appeal.
Civil Procedure — Raising New Legal Issues on Appeal — Illegality
Legal issues, unlike issues of fact, determine the course of justice in courts of law. A court of law cannot sanction an illegality, and any illegality once brought to the attention of the court overrides all other questions of pleading. Questions of law and illegalities can be raised at any time during proceedings, and a party need not advance reasons as to why such issues were not raised earlier.
Civil Procedure — Amendment of Memorandum of Appeal — Grounds of Appeal
Order 43 rule 4 of the Civil Procedure Rules permits a party to seek court's leave to argue a ground of appeal not initially included in the memorandum of appeal. Where the Industrial Court Procedure Rules contain a lacuna, the court is mandated to apply the Civil Procedure Rules. Amendments to grounds of appeal that do not constitute a new cause of action may be permitted, and such legal issues can be brought up at any time during proceedings before disposal of the appeal.

Legislation cited (9)

Cases cited (7)

  • Mubiru Martin v Red Cross Society (Labour Dispute Appeal No. 28 of 2018)
  • Action Aid Uganda v David Mbarakye Tibekinga (Labour Dispute Appeal No. 28 of 2016)
  • Musisi Gabriel v Edco Limited & Anor (HCMA No. 386 of 2013)
  • Ministry Amar Singh v Serwani Wofunira Kulubya (1963) EA 408
  • Baingana J. P. v Uganda (Court of Appeal No. 068 of 2010)
  • Onyango Robert v Security Group (U) (Labour Dispute Appeal No. 040 of 2018)
  • Mukula International Ltd v His Eminence Cardinal Nsubuga & Another (Court of Appeal Civil Appeal No. 04 of 1981)

Full judgment

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

Kampala_Play_House_Limited_and_20_Others_v_Oligo_and_19_Others_(Labour_Dispute_Miscellaneous_Application_18_of_2021)_[2021]_UGIC_95_(2_July_2021)
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.