Wakilii

Kateyo v Makerere University (Labour Dispute Reference No. 187 of 2019)

Industrial Court · [2021] UGIC 35 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interest on settled retirement benefits claim
Decision
Application for interest dismissed; settled sum of UGX 35,096,621 stands without interest

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court declined to award interest on a settled retirement benefits claim where the claimant failed to file submissions within agreed timelines. The court held that the award of interest is discretionary under Civil Procedure Act s.20, and the claimant's failure to comply with court-ordered timelines demonstrated that interest was not necessary. The burden to establish entitlement to interest rested on the claimant, which was not discharged.

Outcome

Application for interest dismissed; settled sum of UGX 35,096,621 stands without interest

Facts

The claimant filed a claim for UGX 226,884,010 as retirement benefits. On 17 February 2020, the parties settled out of court for UGX 35,096,621, but disagreed on whether interest should be paid. The court set timelines for filing submissions: claimant by 16 August 2021, respondent by 20 August 2021, and rejoinder by 8 September 2021. The claimant filed submissions on 8 September 2021, three weeks late. The respondent did not file submissions. When the court convened on 10 September 2021 to discuss submissions, only the claimant's late submissions were on file. The court declined to consider them due to the delay and absence of the respondent's submissions.

Issues

  1. Whether interest is payable on the settled sum of retirement benefits.
  2. If interest is payable, at what rate and from which date.

Orders

  • No interest accrues on the settled amount already paid into the claimant's accounts.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Interest — Discretionary Award — Burden of Proof
The award of interest by a court is a discretionary matter under Civil Procedure Act s.20, and interest can only be awarded if in the discretion of the court the successful party deserves it.
Civil Procedure — Compliance with Court Orders — Effect of Non-Compliance on Discretionary Relief
Where a party seeking discretionary relief fails to comply with court-ordered timelines for filing submissions without explanation, such non-compliance may be taken as an indication that the relief sought is not necessary and may result in the court declining to exercise its discretion in that party's favour.
Employment & Labour — Retirement Benefits — Interest on Settled Claims
Where parties settle a retirement benefits claim but disagree on interest, the claimant bears the burden of establishing entitlement to interest, and failure to discharge this burden results in no interest being awarded.

Legislation cited (1)

Cases cited (1)

  • Uganda Revenue Authority v Stephen Mabosi (Supreme Court Civil Appeal No. 1 of 1996)

Full judgment

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

Kateyo_v_Makerere_University_(Labour_Dispute_Reference_No._187_of_2019)_[2021]_UGIC_35_(17_September_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.