Mbabazi v Entebbe Handling Services (Miscellaneous Application None of None) [2019] UGIC 8

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Industrial Court dismissed an application for leave to file a notice of cross appeal out of time. The court held that no sufficient reasons were shown for the delay, the applicant had not instructed counsel to file a cross appeal, and the matters raised in the proposed cross appeal could be addressed in the reply to the memorandum of appeal, rendering the application unnecessary.

Outcome

Application for leave to file cross appeal out of time dismissed as unnecessary and for failure to show sufficient reason

Facts

The applicant was the successful party before a Labour Officer in a dispute concerning gratuity and terminal benefits. After the respondent filed an appeal, the applicant applied for execution, which was struck off for non-compliance with procedure. The applicant was then advised to file a cross appeal but did so out of time. The applicant sought leave to regularize the late filing, arguing she would lose gratuity and terminal benefits if not allowed. The respondent opposed, citing dilatory conduct and insufficient reasons. The court found that the applicant had only instructed counsel to file a notice of address, not a cross appeal, and therefore could not rely on counsel's mistake.

Issues

1. Whether the applicant should be granted leave to file a notice of cross appeal out of time.
2. Whether sufficient reasons were shown for the delay in filing the cross appeal.

Orders

• Application dismissed.
• No order as to costs.

Rules and key headnotes

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