Wakilii

Makerere University v Kitumba (Labour Dispute Miscellaneous Application 44 of 2021)

Industrial Court · [2021] UGIC 92 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend memorandum of appeal to include grounds on matters of law and fact, arising from Labour Dispute Appeal No. 43/2019
Decision
Application dismissed; only the first ground of appeal (pure question of law) saved for hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court dismissed the application for leave to amend the memorandum of appeal to include grounds on matters of law and fact. The court held that where advocates from the same firm file an appeal negligently and later seek to correct their own mistake, exceptional reasons must be shown to distinguish between the former and current advocates. The applicant failed to demonstrate such exceptional circumstances or to explain why the issue was not raised earlier. Only the first ground of appeal, being purely on law, was saved.

Outcome

Application dismissed; only the first ground of appeal (pure question of law) saved for hearing

Facts

The respondent filed a complaint of breach of employment contract against Makerere University before a Labour Officer, who decided in his favour on 16 December 2019. The applicant filed a notice of appeal and memorandum of appeal on 20 December 2019 through its Directorate of Legal Affairs, containing eight grounds of appeal on matters of law and fact. No leave was sought before filing the appeal on mixed grounds. On 25 March 2021, ten days before scheduled submissions, the applicant filed this application seeking leave to validate the appeal and amend the memorandum. The applicant claimed that the lawyers who filed the appeal acted negligently, later resigned from the university's service, and that COVID-19 lockdown impeded pursuit of the appeal. The respondent opposed the application as an abuse of process.

Issues

  1. Whether the applicant should be granted leave to file an appeal on matters of law and fact after the memorandum of appeal had already been filed without such leave.
  2. Whether the applicant should be granted leave to amend the memorandum of appeal to include matters of law and fact.
  3. Whether the negligence of counsel in failing to seek leave before filing grounds of appeal on matters of law and fact should be visited upon the applicant.

Orders

  • Application dismissed.
  • No order as to costs.
  • Only the 1st ground of appeal saved as it relates to a pure question of law.

Rules and key headnotes

Employment & Labour — Appeals — Leave to Appeal on Mixed Questions of Law and Fact — Mandatory Requirement under Employment Act s.94(2)
An appeal founded on issues of law and fact or on fact only can only be sustainable if filed after obtaining leave of the court as required by Section 94(2) of the Employment Act. Failure to seek such leave amounts to an illegality which cannot be validated retrospectively.
Civil Procedure — Counsel Negligence — Mistakes of Counsel from Same Firm — Burden on Litigant
In order for a party to succeed on a plea of negligence of counsel, the party must show a clear distinction between the former advocate and the current advocate, both of whom should not ordinarily be from the same firm of advocates. Where advocates from the same firm seek to correct their own mistake, exceptional reasons and justification must be offered.
Civil Procedure — Counsel Authority — Conduct of Case — Binding Effect on Client
Counsel has unlimited authority with regard to all matters that properly relate to the conduct of the case to do whatever he considers best for the interest of his client. The gaps and omissions of the advocate in the course of representation bind a litigant who is represented by an advocate, subject to the court exercising care to avoid abuse of the system or unjust results.

Legislation cited (3)

Cases cited (12)

  • Andrew Bamanya v Shamsherah Zaver (Supreme Court Civil Appeal No. 70 of 2001)
  • Eriga Jos Peind v Vuzzi Azza Victor & 2 Others (High Court Miscellaneous Application No. 009 of 2017)
  • ABC Capital Bank Ltd v A-l Industries Ltd & 2 Others (High Court Miscellaneous Application No. 1058 of 2016)
  • Hajati Safina Nababi v Yafesi Lule (Civil Appeal No. 09 of 1996)
  • Uganda Land Commission v James Mark Kamoga & Another (Supreme Court Civil Appeal No. 08 of 2004)
  • Equity Bank Uganda Limited v Mugisha Musimenta Rogers (Industrial Dispute Appeal No. 26 of 2017)
  • Nile Breweries Ltd v Isabirye David (Miscellaneous Application No. 130 of 2020)
  • Honondi Daniel v Yolamu Egondi (Court of Appeal Civil Appeal No. 67 of 2003)
  • Captain Philip Ongom v Catherine Nyero Owota (Supreme Court Civil Appeal No. 14 of 2001)
  • Matovu Charles Kidimbo v Lukwata Yusuf & 2 Others (High Court Miscellaneous Application No. 40 of 2017)
  • Baingana John Paul v Uganda (Criminal Appeal No. 068 of 2010)
  • Netis Uganda Ltd v Charles Walakira (Labour Dispute Appeal No. 22 of 2016)

Full judgment

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

Makerere_University_v_Kitumba_(Labour_Dispute_Miscellaneous_Application_44_of_2021)_[2021]_UGIC_92_(20_April_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.