Law Development Centre v Nabulime Kayongo (Labour Dispute Miscellaneous Application 47 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Industrial Court dismissed the application for extension of time to file a notice of appeal. The court held that although the applicant was notified late of the award on 11 January 2023, the three-month delay before filing the application on 13 April 2023 was not justified. The applicant's reliance on needing a record of proceedings before filing a notice of appeal was rejected, as a notice of appeal can be filed based on the award alone. The exchange of correspondences and delay in seeking leave of court constituted dilatory conduct intended to delay justice.
Outcome
Application dismissed with costs to the respondent
Facts
The respondent filed Labour Dispute Reference No. 211 of 2014 against the applicant. The Industrial Court delivered its award on 4 November 2022. The applicant's previous counsel, Mr. Tibaijuka, was allegedly not notified of the delivery date, though the respondent's counsel attended and received the award. On 11 January 2023, Mr. Tibaijuka forwarded the award to the applicant along with a demand letter from the respondent's advocates. The applicant instructed new counsel on the same date. The new counsel filed a notice of appeal on 9 February 2023 and another on 21 March 2023. The applicant filed this application for extension of time on 13 April 2023, seeking to validate the notice of appeal filed out of time. The applicant argued it was not notified of the award delivery date and that previous counsel had not filed a notice of appeal within the prescribed 14-day period.
Issues
- Whether the court should extend time within which to lodge a notice of appeal arising from Labour Dispute Reference No. 211 of 2014.
- Whether the amended notice of appeal filed out of time on 21 March 2023 should be validated.
- Whether there was sufficient cause for the delay in lodging the notice of appeal.
Orders
- Application for extension of time within which to file the notice of appeal denied.
- Costs awarded to the respondent.
Rules and key headnotes
Legislation cited (13)
- Constitution of Uganda Article 28
- Constitution of Uganda Article 126(2)(e)
- Judicature (Court of Appeal) Rules Rule 2(2)
- Judicature (Court of Appeal) Rules Rule 5
- Judicature (Court of Appeal) Rules Rule 42(1)
- Judicature (Court of Appeal) Rules Rule 43(1)
- Judicature (Court of Appeal) Rules Rule 43(2)
- Judicature (Court of Appeal) Rules Rule 44
- Judicature (Court of Appeal) Rules Rule 76
- Judicature (Court of Appeal) Rules Rule 76(2)
- Judicature (Court of Appeal) Rules Rule 79
- Labour Disputes (Arbitration and Settlement) Industrial Court Procedure Rules Rule 23(3)
- Judicature Act s.37(1)(a)
Cases cited (3)
- Asaph Ruhinda Ntengye & Another v Attorney General (Constitutional Petition No. 33 of 2016)
- Senyonjo Dick v Delta Petroleum (U) Ltd (Court of Appeal Application No. 325 of 2017)
- Sabiti Kachope & 3 Others v Margaret Kamuje (Supreme Court Civil Appeal No. 31 of 1997)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.