Wakilii

Makerere University v Lubowa and 3 Others (Civil Miscellaneous Application No. 17 of 2020)

Industrial Court · [2021] UGIC 5 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to join the Attorney General as co-defendant in underlying labour dispute claim
Decision
Attorney General ordered to be joined as co-defendant; applicant to amend pleadings within 14 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that the Attorney General is a necessary party to a labour dispute concerning salary structures issued by government ministries. Where government circulars and salary review committees established the disputed salary structures, the Attorney General must be joined as co-defendant to enable the court to effectually adjudicate all questions in the suit.

Outcome

Attorney General ordered to be joined as co-defendant; applicant to amend pleadings within 14 days

Facts

Makerere University applied to join the Attorney General as co-defendant in an underlying labour dispute claim (LDC No. 30/2017) concerning salary structures. The University Secretary swore an affidavit stating that government circulars issued in 1976 by the Ministry of Public Service and Cabinet Affairs, and the 1980 Oninde salary review committee appointed by the Ministry of Education, affected the salary structures in dispute. The respondent employees opposed the application, arguing the Attorney General was not a necessary party and that the application was a delay tactic. The respondent contended the applicant should have issued a third party notice instead.

Issues

  1. Whether the Attorney General is a necessary party to the labour dispute claim such that joinder should be ordered under Order 1 rule 10(2) of the Civil Procedure Rules.

Orders

  • Application allowed.
  • Attorney General to be joined as co-defendant in Labour Dispute Claim No. 30/2017.
  • No order as to costs.
  • Applicant to amend pleadings by including the Attorney General as co-defendant and serve the respondent within 14 days from the date of this ruling.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Necessary Parties — Order 1 rule 10(2)
Where salary structures in dispute in a labour claim were established by government circulars and ministerial committees, the Attorney General is a necessary party whose presence is required to enable the court to effectually adjudicate and settle all questions involved in the suit.
Civil Procedure — Joinder of Parties — Distinction from Third Party Proceedings
An application to join a party as co-defendant under Order 1 rule 10(2) is appropriate where that party's presence is necessary for complete adjudication, and is not limited to cases where the applicant seeks testimony or seeks contribution or indemnity which would properly be pursued by third party notice under Order 1 rule 14.

Legislation cited (5)

Cases cited (2)

  • Kayondo Mohammed and 3 Others v Administrator General and 2 Others (Miscellaneous Application No. 626 of 2016)
  • Departed Asians Property Custodian Board v Jaffer Brothers Ltd (Civil Appeal No. 9 of 1998)

Full judgment

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

Makerere_University_v_Lubowa_and_3_Others_(Civil_Miscellaneous_Application_No._17_of_2020)_[2021]_UGIC_5_(29_January_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.