Wakilii

Micro Credit For Development And Transformation Cooperative (SACCO) v Semanda (Labour Dispute Miscellaneous Application 101 of 2021)

Industrial Court · [2021] UGIC 88 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file an appeal out of time from a labour officer's decision
Decision
Application for extension of time dismissed

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 an appeal out of time. The court held that the affidavit in support was incurably defective because the deponent lacked written authority to swear on behalf of the applicant. Further, the applicant failed to demonstrate sufficient cause for not filing the appeal within the prescribed 30 days, as the COVID-19 lockdown commenced after the appeal deadline had expired.

Outcome

Application for extension of time dismissed

Facts

The applicant sought extension of time to file an appeal from a labour officer's decision issued on 11 May 2021. The applicant's advocate deposed that she attempted to file the appeal on 11 June 2021 but found the court premises closed for fumigation, and that a subsequent COVID-19 lockdown from 18 June 2021 prevented filing. The respondent opposed, arguing that the court registry remained open during fumigation, that advocates could obtain special permits to move during lockdown, and that the applicant's advocate lacked written authority to swear the affidavit in support. The applicant filed a rejoinder affidavit from its CEO stating that the advocate was duly authorised, but no written evidence of authorisation was attached.

Issues

  1. Whether the applicant should be granted extension of time to file or validate an appeal filed out of time.
  2. Whether the affidavit in support of the application is valid where the deponent lacked written authority to swear on behalf of the applicant.
  3. Whether the applicant demonstrated sufficient cause for the delay in filing the appeal within the prescribed 30 days.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Affidavits — Authority to Swear on Behalf of Party — Requirement for Written Authority
An advocate swearing an affidavit on behalf of a client in contentious matters must have written authority from the client, which must be attached as evidence and filed on the court record. In the absence of written evidence of authorisation, an affidavit sworn on behalf of another is incurably defective for non-compliance with the requirements of the law.
Employment & Labour — Appeals — Extension of Time — Requirements for Grant
For an application for extension of time within which to file an appeal to succeed, the applicant must show good cause or sufficient reason why the necessary steps to file the appeal were not taken before the expiry of the time prescribed. Sufficient cause must relate to the reasons for the applicant's inability to take particular steps in the first instance.
Civil Procedure — Extension of Time — Burden of Proof — Demonstrating Absence of Dilatory Conduct
An applicant for extension of time must demonstrate that the delay was not caused or contributed to by dilatory conduct on the applicant's own part. The applicant must furnish evidence showing actual attempts to take the necessary procedural steps within the prescribed time.

Legislation cited (18)

Cases cited (15)

  • James Bwogi & Sons Enterprises Ltd v Kampala City Council and Kampala District Land Board (Civil Application No. 09 of 2017)
  • Kifamunte Henry v Uganda (Supreme Court Criminal Appeal No. 10 of 1997)
  • Bagalamisa v Kizza (Miscellaneous Application No. 1495 of 2016)
  • Standard Chartered Bank Uganda Ltd v Mwesigwa (Civil Application No. 0138 of 2013)
  • David Mutyaba Segulani v Eriabu Sebyatika Vicent (High Court Civil Revision No. 005 of 2018)
  • Mbanbu v Monda Nicholas (High Court Civil Appeal No. 001 of 2016)
  • Molly Kyalukinda Turinawe and Others v Peter Turinawe and Another (Supreme Court Application No. 270 of 2010)
  • Mulenga Joseph vs Photo focus (1966) IV Kampala, 19
  • Mulindwa v Kissubika (Civil Application No. 28 of 2015)
  • Oloka Onyango and Others v Attorney General (Constitutional Petition No. 8 of 2014)
  • Baligasiima v Kizza and Others (Miscellaneous Application No. 1495 of 2016)
  • Eriga Jos Perino v Vuzzi Azza Victoe and 2 Others (High Court Civil Appeal No. 09 of 2009)
  • Shanti vs Hindocha and others [1973] EA 207
  • Niko Insurance (U) Limited v Southern Union Insurance Brokers (U) Limited and 4 Others (High Court Miscellaneous Application No. 817 of 2015)
  • Lena Nakalema Binaisa and 3 Others v Mucunguzi Myers (High Court Miscellaneous Application No. 0460 of 2013)

Full judgment

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

Micro_Credit_For_Development_And_Transformation_Cooperative_(SACCO)_v_Semanda_(Labour_Dispute_Miscellaneous_Application_101_of_2021)_[2021]_UGIC_88_(8_November_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.