Wakilii

Masika and 4 Others v the Secretary Kyambogo University and Another (Consolidated Labor Dispute Claim 17 of 2020; Consolidated Labor Dispute Claim 48 of 2023)

Industrial Court · [2024] UGIC 26 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory ruling on notice to produce documents for inspection in consolidated labour dispute claims concerning salary arrears and termination
Decision
Respondents ordered to produce documents for inspection by 15 July 2024

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the Respondents failed to comply with a lawful court order directing production of documents for inspection, constituting disobedience. However, the court declined to find formal contempt or strike out the defence in the absence of a contempt application. The court ordered the Respondents to furnish under oath qualifications and salary records for various library staff positions from 2015 to date, finding these documents relevant, material, not confidential, and within the public domain for a public university.

Outcome

Respondents ordered to produce documents for inspection by 15 July 2024

Facts

The Claimants were former employees of Kyambogo University's Library Department who filed claims for withheld salaries and allowances. The Respondents contended that the Claimants had been given time to upgrade their qualifications to qualify for enhanced salaries. The Claimants extracted a notice to produce original qualifications of library staff and salary payment rosters for 2015 to date. On 4 October 2023, the court directed the Claimants to serve a fresh notice to produce and directed the Respondents to furnish the documents by 20 October 2023. When the matter came before the court on 3 November 2023, the Respondents had not complied, arguing the documents were confidential and far-fetched. The Claimants sought to have the Respondents' defence struck out for non-compliance.

Issues

  1. Whether the Respondents were in contempt of court for failing to comply with the court's direction to produce documents for inspection.
  2. Whether the court should strike out the Respondents' memorandum of defence for non-compliance with the notice to produce documents.
  3. Whether the documents sought by the Claimants were confidential and far-fetched, or relevant and material to the dispute.

Orders

  • The Respondents are ordered to furnish under oath by the 1st Respondent qualifications and salaries for the office of University Librarian held by Dr. Bernard Bazirake from 2015 to 2018 and Liz S. Nassali from 2018 to date.
  • The Respondents are ordered to furnish qualifications and salaries for the office of Deputy University Librarian held by Ntege Harriet Kiwanuka from 2015 to 2018 and by the current occupant of the office.
  • The Respondents are ordered to furnish qualifications and salaries for the office of Senior Librarians as occupied by Edward Mukiibi, Nabosa Mary Gorreti Kyagaba and Buule Robert from 2015 to 2018.
  • The Respondents are ordered to furnish qualifications and salaries for the office of Librarian from 2015 to date.
  • The Respondents are ordered to furnish qualifications and salaries for the office of Assistant Librarians as occupied by Nagabirano Paul, Kabogoza Fatima, Kamanda Francis, Nampomba Norah, Adibo Sicolastica, Tusubira King David, Okware James, Mafukho Francis John, Nakato Margaret, Acanit Mary, Kuteesa Happy Naphtali, Namugenyi Amina Saaku and Nabwami Evelyn from 2015 to date.
  • The Respondents are ordered to furnish qualifications and salaries for the office of Library Assistants as occupied by Wamala Lincon Samuel, Nanginzi Jennifer, Kanyi Ritah, Igaba Irene, Mukwhwana Tonny, Nairubi Gorreti, Gidgui Perez and Muwongo Christopher from 2015 to 2018.
  • The documents and information shall be furnished on or before 15 July 2024 with a copy filed upon the court record.

Rules and key headnotes

Civil Procedure — Discovery and Inspection — Notice to Produce Documents — Court's Power to Order Production
Where a party served with a notice to produce documents under Order 10 Rule 15 of the Civil Procedure Rules omits to give notice of a time for inspection or objects to inspection, the court may, on application, make an order for inspection in such manner as it thinks fit if it is necessary for the fair disposal of the suit and for saving costs.
Civil Procedure — Contempt of Court — Elements — Disobedience to Court Order
Contempt of court exists where there is a lawful court order, the potential contemnor was aware of the court order, and the potential contemnor failed to comply with the order. The standard of proof is higher than the balance of probabilities but lower than beyond reasonable doubt.
Civil Procedure — Contempt of Court — Procedure — Application and Hearing Required
Before imposing sanction for contempt, there must be an application for contempt which must be served on the contemnor, and an opportunity to hear the evidence of contempt must be provided.
Civil Procedure — Discovery and Inspection — Relevance and Materiality — Threshold for Grant of Order
The threshold for granting an order of discovery includes that the documents sought must be relevant, material, and admissible evidence; that the documents are not otherwise privileged or protected by law; that the documents are in the respondent's power, possession and control; and that there has been an attempt at voluntary cooperation.
Employment & Labour — Public Universities — Salaries and Qualifications — Public Domain Information
Offices and qualifications for officers in a public university established under the Universities and Other Tertiary Institutions Act are in the public domain. Payment of salaries is out of annual estimates approved by Parliament and is not confidential information.
Employment & Labour — Industrial Court — Powers — Discovery and Production of Documents
Under Section 8(3) of the Labour Disputes (Arbitration and Settlement) Act, the Industrial Court has powers to order discovery, inspection, or production of documents or require any person who has special knowledge of any relevant matter to furnish the same to the court.

Legislation cited (11)

Cases cited (6)

  • Standard Chartered Bank Ltd v Jeniffer Uwimana & 4 Others (HCMA 886 of 2015)
  • Simbamanyo Estates Ltd v Peter Kamya & 4 Others
  • Nyende and 44 Others v Shoprite Checkers (U) Limited (LDMA 31 of 2023)
  • Washington Inima v Mohammed El Tahir and Another (LDMA 202 of 2021)
  • Megha Industries Ltd v Conform Uganda Ltd
  • Hon Sitenda Sebalu v Secretary General of East African Community (Reference No. 8 of 2021)

Full judgment

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

Masika_and_4_Others_v_the_Secretary_Kyambogo_University_and_Another_(Consolidated_Labor_Dispute_Claim_17_of_2020;_Consolidated_Labor_Dispute_Claim_48_of_2023)_[2024]_UGIC_26_(1_Jul
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.