Wakilii

MTN Uganda Limited v Katamba (Labour Dispute Miscellaneous Application 4 of 2021)

Industrial Court · [2021] UGIC 96 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for extension of time and leave to file surrejoinder arising from labour dispute
Decision
Application struck out with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court dismissed an application by MTN Uganda Limited seeking extension of time to file a surrejoinder, filed one year and five months after the respondent's rejoinder. The court held that no sufficient reason was shown for the delay, and that extension of time can only be granted where the applicant demonstrates what prevented timely filing. The application was struck out with costs to the respondent.

Outcome

Application struck out with costs to the respondent

Facts

MTN Uganda Limited filed an application seeking extension of time and leave to file a surrejoinder to the respondent's memorandum in rejoinder. The respondent had filed the rejoinder on 15 August 2019. The applicant claimed the rejoinder raised new matters requiring a response. The application was filed one year and five months after the rejoinder was filed. The respondent opposed the application, contending it was an abuse of process intended to delay disposal of the underlying labour dispute, and that pleadings were already closed with facts in the rejoinder deemed denied and put in issue.

Issues

  1. Whether the court should grant an extension of time to file the application for leave to file a surrejoinder.
  2. Whether leave should be granted to the applicant to file a surrejoinder to the respondent's memorandum in rejoinder.

Orders

  • Extension of time within which to file this application is disallowed.
  • The application is struck out.
  • Costs of this application shall be payable to the respondent.

Rules and key headnotes

Civil Procedure — Extension of Time — Requirements for Grant
Extension of time within which to file certain documents can only be allowed if sufficient reason is shown to the court as to what prevented the applicant from taking the particular step within the prescribed time.
Civil Procedure — Extension of Time — Delay of One Year and Five Months
A delay of one year and five months in filing an application without any explanation or sufficient reason justifying the delay is so long that no court would allow the filing without proper justification.
Civil Procedure — Surrejoinder — Alternative Remedies
Where a party seeks to challenge averments in a rejoinder, such averments can be challenged in cross-examination, and the need for a surrejoinder is not absolute.

Legislation cited (7)

  • Civil Procedure Act s.98
  • Civil Procedure Rules O.8 r.11(3)
  • Civil Procedure Rules O.8 r.18(2)
  • Civil Procedure Rules O.50 r.6
  • Civil Procedure Rules O.52 r.1
  • Civil Procedure Rules O.52 r.2
  • Civil Procedure Rules O.52 r.3

Cases cited (1)

  • Bwogi v KCCA and Kampala District Land Board (Supreme Court Application No. 9 of 2017)

Full judgment

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

MTN_Uganda_Limited_v_Katamba_(Labour_Dispute_Miscellaneous_Application_4_of_2021)_[2021]_UGIC_96_(28_May_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.