Kiboko Enterprise Limited v Kimbugwe (Miscellaneous Application 139 of 2023)

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 Industrial Court granted an interim stay of execution of its award pending hearing of the main stay application. The court overruled preliminary objections, holding that the notice of appeal was filed within time when the Christmas vacation period was excluded from computation, that the propriety of the appeal is a matter for the Court of Appeal, that the law firm name variance was a typographical error, and that a deponent in a senior managerial position need not furnish a power of attorney. The court found a pending substantive application with arguable grounds and a status quo to be preserved.

Outcome

Interim stay of execution granted pending hearing of main stay application

Facts

The applicant sought an interim stay of execution of an Industrial Court award in Labour Appeal No. 13 of 2022 pending determination of a main stay application and an appeal to the Court of Appeal. The respondent opposed the application, raising preliminary objections on the competence of the appeal, late filing of the notice of appeal, want of instructions by the applicant's advocates, and absence of a power of attorney for the deponent. The respondent also argued that the applicant had not provided adequate security for due performance and was attempting to frustrate execution of the award. The applicant filed a notice of appeal on 23 January 2023 against an award rendered on 22 December 2022. The applicant's law firm had changed its name from KMT Advocates to Maldes Advocates, and the affidavit in rejoinder was drawn by KMT Advocates, which the applicant attributed to a typographical error. The deponent was the applicant's Legal and Compliance Manager.

Issues

1. Whether the notice of appeal was filed out of time.
2. Whether the memorandum of appeal offends Rule 23(2) of the Industrial Court Rules by not being on a point of law or jurisdiction.
3. Whether KMT Advocates had instructions to file the affidavit in rejoinder.
4. Whether the deponent required a power of attorney to depone to the affidavit in support.
5. Whether the applicant is entitled to an interim order of stay of execution pending determination of the main application.

Orders

• Interim stay of execution granted.
• Interim stay to remain in force until the hearing of Labour Dispute Miscellaneous Application No. 138 of 2023.
• LDMA 138 of 2023 to be fixed for hearing within 14 days of this order.
• No order as to costs.

Rules and key headnotes

Legislation cited (19)

• Judicature Act Cap. 18 s.33
• Civil Procedure Act Cap. 71-1 s.98
• Civil Procedure Rules S.I 71-1 Order 52 Rules 1 & 3
• Civil Procedure Rules S.I 71-1 Order 50
• Civil Procedure Rules S.I 71-1 Order 51 Rule 4
• Civil Procedure Rules S.I 71-1 Order 1 Rule 12
• Civil Procedure Rules S.I 71-1 Order 3
• Judicature (Court of Appeal) (Rules) Directions S.I 13-10 Rule 76
• Judicature (Court of Appeal) (Rules) Directions S.I 13-10 Rule 78
• Judicature (Court of Appeal) (Rules) Directions S.I 13-10 Rule 82
• Judicature (Court of Appeal) (Rules) Directions S.I 13-10 Rule 5
• Labour Disputes (Arbitration and Settlement) Act 2006 s.22
• Labour Disputes (Arbitration and Settlement) Act 2006 s.12(5)
• Labour Disputes (Arbitration and Settlement) Act 2006 s.8(2a)(d)
• Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules 2012 Rule 23(3)
• Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules 2012 Rule 23(2)
• Advocates (Professional Conduct) Regulations Regulation 2(1)
• Advocates (Professional Conduct) Regulations Regulation 21
• Civil Procedure Rules S.I 33-2019 Order 50 Rule 3A(2)(d)

Cases cited (17)

• Royal Mabati Ltd v Mandela Sulaiman (Labour Dispute Miscellaneous Application No. 122 of 2023)
• In the Matter of Ranch on the Lake Limited (In Receivership) (High Court Miscellaneous Application No. 537 of 2005)
• Autotune Limited v Barozi Swaldo & Ors (Labour Dispute Miscellaneous Application No. 029 of 2022)
• Herman Semakula v Ivan Assimwe (Supreme Court Civil Reference No. 04 of 2023)
• Byeitima and 2 Others v Asaba (Court of Appeal Civil Appeal No. 264 of 2013)
• Owners of Motor Vessel Lillian 's' v Caltex Oil Kenya Limited [1989] KLR 1
• Okodoi George and Another v Okello Opaire Sam (High Court Miscellaneous Application No. 70 of 2015)
• Mugisa M Abraham & 4 Others v Rwambuka & Co. Advocates (Miscellaneous Application No. 733 of 2018)
• Nareeba Dan & 5 Others v Joseph Bamwebeheire & 4 Others (High Court Miscellaneous Application No. 45 of 2009)
• MHK Engineering Service(U) Ltd v Macdowell Limited (High Court Miscellaneous Application No. 825 of 2018)
• Electro-Maxx Uganda Ltd v Oryxx Oil Uganda Ltd (High Court Miscellaneous Application No. 251 of 2020)
• Lang Wanxi v China Complant and Another (Labour Dispute Miscellaneous Application No. 025 of 2023)
• Kiyimba Kaggwa v Hajj Abdul Noor Katende [1985] HCB 43
• Hon. Jim Muhwezi v A.G & Another (Chief Magistrate's Court Miscellaneous Application No. 18 of 2007)
• Absa Bank Uganda Ltd & 2 Ors v Electro-Maxx(U) Ltd & Anor (High Court Miscellaneous Application No. 241 of 2020)
• Frank Malingumu Gashumba v Deborah Amanya (High Court Miscellaneous Application No. 37 of 2021)
• Joseph Kalule v GIZ (Labour Dispute Reference No. 109 of 2020)

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