Wakilii

Nakivumbi and 9 Others v Leather Industries Limited (Labour Dispute Reference No. 8 of 2021)

Industrial Court · [2022] UGIC 28 · 2022 Matter Remitted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objections raised at pre-session hearing in labour dispute reference arising from termination of employment
Decision
Matter referred to next session due to late service of witness statements; respondent to file responses and both parties to prepare joint scheduling memorandum

Observed later treatment

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Holding

The Industrial Court ruled that the matter could not proceed during the scheduled time-bound session because the claimants served their witness statements on the respondent only five days before the hearing, outside the court-directed deadline, without showing sufficient cause for the delay. The court overruled the respondent's objection regarding non-service of a joint scheduling memorandum, holding that both parties bear responsibility for preparing it. The court also overruled the objection to the power of attorney, holding that the authority granted to three individuals to sue, appear, plead and act on behalf of five claimants necessarily implied authority to instruct counsel to undertake those acts.

Outcome

Matter referred to next session due to late service of witness statements; respondent to file responses and both parties to prepare joint scheduling memorandum

Facts

Ten claimants were employed by the respondent company in various positions between 2010 and 2018. On 30 July 2020, they were terminated from employment. They filed a labour dispute reference claiming unlawful, wrongful and unfair termination and seeking various remedies including notice pay, severance allowance, damages and costs. The matter was scheduled for a time-bound hearing session at Jinja High Court from 14-25 March 2022, with all documents to be filed by 4 March 2022. The claimants filed their witness statements on court record on 21 November 2021 but only served five of eight statements on the respondent on 10 March 2022. At the pre-session hearing on 15 March 2022, the respondent's counsel raised three preliminary objections: late service of witness statements, non-service of joint scheduling memorandum, and improper authority under the power of attorney.

Issues

  1. Whether the claimants' late service of witness statements on the respondent justified postponement of the matter.
  2. Whether the claimants' failure to serve a joint scheduling memorandum on the respondent precluded the matter from proceeding.
  3. Whether the power of attorney granted by five claimants to three named individuals authorised those individuals to instruct Nassiwa & Co Advocates to represent the claimants in the proceedings.

Orders

  • Matter referred to the next convenient session of the Industrial Court.
  • Respondent directed to file responses before the next session.
  • Both parties directed to prepare the joint scheduling memorandum before the next session.
  • Preliminary objection regarding late service of witness statements upheld.
  • Preliminary objection regarding non-service of joint scheduling memorandum overruled.
  • Preliminary objection regarding power of attorney overruled.

Rules and key headnotes

Civil Procedure — Service of Documents — Extension of Time — Requirement to Show Sufficient Cause
An application for extension of time to file or serve documents cannot be granted without the applicant showing sufficient cause for failure to comply with statutory timelines or court directives. A mere oral application from the bar without adducing evidence of justifiable cause for delay is insufficient.
Civil Procedure — Fair Hearing — Right to Equal Time for Preparation
Article 28 of the Constitution entitles all parties to a fair, speedy and public hearing, which includes being served with each other's pleadings within the time prescribed by statute or as directed by court. Where one party serves documents late, the other party is entitled to equal and sufficient time to prepare and file responsive pleadings.
Civil Procedure — Scheduling Conference — Joint Scheduling Memorandum — Responsibility of Parties
Although the claimant is expected to initiate the process of preparing a joint scheduling memorandum by preparing a draft and serving it on the respondent, this does not preclude the respondent from initiating its own scheduling memorandum. Where the respondent has not received a draft from the claimant, it should prepare its own scheduling notes.
Civil Procedure — Power of Attorney — Scope of Authority — Implied Authority to Instruct Counsel
A power of attorney authorising named individuals to sue, appear, plead and act on behalf of donors in legal proceedings necessarily implies authority to instruct counsel to undertake those acts. Where the donees are not lawyers, it would be illogical to expect them to sue, plead and appear without the assistance of counsel. The authority conferred by a power of attorney includes that which is within the four corners of the instrument either in express terms or by necessary implication.
Civil Procedure — Power of Attorney — Strict Construction — Agent Acting Within Authority
While powers of attorney must be strictly construed, the acts the donees are authorised to perform determine the scope of powers granted. A donee of a power of attorney acts as agent of the donor and cannot use the power for the agent's own benefit. Where an agent acts within the authority conferred by the power of attorney to achieve the purposes specified by the donor, the agent's actions are valid and binding.

Legislation cited (2)

Cases cited (6)

  • Eriga Jos Perino v Vuzzi Azza Victoe & 2 Others (HCCA No. 9 of 2009)
  • Moyo Civil Suit No 015/2004
  • Shanti v Hindocha and others [1973] EA 207
  • Fredrick J K Zaabwe v Orient Bank Ltd and 4 Others (SCCA No. 4 of 2006)
  • Imperial Bank of Canada v Begley [1936] 2 All ER 367
  • Byrant, Powis and Byrant Ltd vs La BANQE DO PEUPLE

Full judgment

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

Nakivumbi_and_9_Others_v_Leather_Industries_Limited_(Labour_Dispute_Reference_No._8_of_2021)_[2022]_UGIC_28_(23_March_2022)
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.