Wakilii

Kyagalanyi Coffee Ltd v Itungo Simon and Others (Labour Dispute Miscellaneous Application No. 83 of 2025)

Industrial Court · [2025] UGIC 37 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Urgent application to lift garnishee order nisi pending hearing of main application
Decision
Garnishee order nisi lifted pending final determination of consolidated applications

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court granted an interim administrative order lifting a garnishee order nisi pending final determination of the main applications. The Court held that it possesses inherent powers equivalent to the High Court under section 8(3)(d) of the Labour Disputes Act to issue interim protective measures in the interests of justice and fair hearing, particularly where an order nisi was about to be made absolute before the Court could consider the merits.

Outcome

Garnishee order nisi lifted pending final determination of consolidated applications

Facts

The Applicant's bank account was subject to garnishment of UGX 232,164,434 following a garnishee order nisi issued by the Acting Registrar after the Applicant experienced difficulty meeting a conditional order of stay of execution. The Applicant urgently sought to lift the garnishee order pending hearing of the main application. The order nisi was scheduled to be made absolute on 21 May 2025. The Respondent opposed, contending the Court lacked jurisdiction. The Court consolidated LDMA No. 83 of 2025 with LDMA No. 77 of 2025.

Issues

  1. Whether the Industrial Court has jurisdiction to lift or set aside a garnishee order nisi issued by the Registrar pending hearing of the main application.
  2. Whether an interim administrative measure should be granted to prevent the garnishee order nisi from being made absolute before the Court considers the full merits of the applications.

Orders

  • An interim administrative order lifting the Garnishee Order Nisi in LDMA No. 90 of 2025 issued pending final ruling and determination of LDMA No. 83 of 2025 as consolidated with LDMA No. 77 of 2025.
  • Final ruling to be emailed on 11 June 2025.
  • The Registrar directed to list Labour Dispute Appeal No. 10 of 2024 for issuance of directions on Monday, 26 May 2025 at 9:30 a.m.
  • Administrative measures to be delivered electronically to parties by email.

Rules and key headnotes

Civil Procedure — Garnishee Orders — Order Nisi — Effect as Injunction
Under Order 23 Rule 2 of the Civil Procedure Rules, an order nisi operates as an injunction that prevents the bank from paying out money until the order is made absolute or is discharged.
Employment & Labour — Industrial Court — Jurisdiction — Inherent Powers
Under section 8(3)(d) of the Labour Disputes (Arbitration and Settlement) Act Cap. 227, the Industrial Court is imbued with the powers of the High Court in exercising its functions, including the inherent power to issue interim protective measures in the interests of justice.
Civil Procedure — Interim Orders — Right to Fair Hearing — Protective Measures
Where a garnishee order nisi is about to be made absolute before the Court has had an opportunity to consider the full merits of applications challenging it, the interests of justice require the Court to issue an interim protective measure to preserve the right to a fair hearing, which is a central tenet of labour justice.

Legislation cited (4)

Cases cited (3)

Full judgment

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

Kyagalanyi_Coffee_Ltd_v_Itungo_Simon_and_Others_(Labour_Dispute_Miscellaneous_Application_No._83_of_2025)_[2025]_UGIC_37_(21_May_2025)
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.