Kiboko Enterprises 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 the hearing of the main application for stay. The Court held that the notice of appeal was filed within time when the Christmas vacation period was excluded from the computation of time. The Court declined to determine the propriety of the appeal, holding that such jurisdiction lies with the Court of Appeal. The Court found that there was a pending substantive application with arguable grounds, a status quo to be preserved, and that the applicant had satisfied the threshold for interim relief.

Outcome

Interim stay of execution granted pending hearing of main application for stay

Facts

The applicant, Kiboko Enterprises Ltd, sought an interim stay of execution of an Industrial Court award in Labour Appeal No. 13 of 2023 pending an appeal to the Court of Appeal. The respondent, Abdallah Kimbugwe, opposed the application and raised preliminary objections challenging the competence of the appeal, the late filing of the notice of appeal, the absence of a power of attorney for the deponent, and want of instructions for the law firm that filed the affidavit in rejoinder. The applicant had filed a notice of appeal on 23 January 2023 against an award rendered on 22 December 2022. The respondent had applied for execution of the award. The applicant filed both a main application for stay of execution and this application for interim stay.

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 the determination of the main application.

Orders

• The order of interim stay of execution is granted.
• The interim stay shall remain in force until the hearing of Labour Dispute Miscellaneous Application No. 138 of 2023.
• LDMA 138 of 2023 is 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 Part VI 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)
• Byeitsma 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 Bamwebehelre & 4 Others (High Court Miscellaneous Application No. 45 of 2009)
• Electro-Maxx Uganda Ltd v Oryxx Oil Uganda Ltd (High Court Miscellaneous Application No. 251 of 2020)
• MHK Engineering Service(U) Ltd v Macdoweli Limited (High Court Miscellaneous Application No. 825 of 2018)
• 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
• Frank Malingumu Gashumba v Deborah Amanya (High Court Miscellaneous Application No. 37 of 2021)
• C.C.M JX No. 18 of 2007 Hon. Jim Muhwezl v A.G & Another
• Absa Bank Uganda Ltd & 2 Ors v Electro-Maxx(U) Ltd & Anor (High Court Miscellaneous Application No. 241 of 2020)
• 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.