Wakilii

Namudope v Tasco Industry Limited (Miscellaneous Application 164 of 2022)

Industrial Court · [2023] UGIC 66 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal on questions of fact from a Labour Officer's award in Labour Dispute Complaint No. MGLSD/LC/234/2020
Decision
Leave to appeal granted; matter to proceed to full appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court granted leave to appeal on questions of fact or mixed law and fact from a Labour Officer's award. The Court held that where an applicant demonstrates that questions of fact formed part of the Labour Officer's decision and provides reasons for seeking to argue those facts, leave should be granted. The threshold is satisfied when the intending appellant shows the factual questions were integral to the decision and that there are grounds for challenging the evaluation of evidence.

Outcome

Leave to appeal granted; matter to proceed to full appeal

Facts

The Applicant, Namudope Judith, brought an application seeking leave to appeal on questions of fact from a Labour Officer's award in Labour Complaint No. MGLSD/LC/234/2020 delivered on 8 March 2022. The Applicant alleged errors in the Labour Officer's evaluation of evidence concerning her application for leave denied by the employer, contradicting evidence on hours of work, social security payments, remedies, and the Labour Officer's failure to pronounce on several prayers including payment in lieu of notice, compensation for unfair termination, terminal benefits, general damages, interest, and costs. The Respondent did not file an affidavit in reply but raised preliminary objections in written submissions, contending that the Applicant had sued the wrong party and that there was no employer-employee relationship. The Court noted that the Respondent had not participated in the proceedings before the Labour Officer and was attempting to introduce new evidence from the Bar.

Issues

  1. Whether the application raises matters of fact or mixed law and fact sufficient to warrant the grant of leave to appeal.

Orders

  • The Applicant is granted leave to appeal on questions of fact or mixed law and fact.
  • The Applicant shall file and serve the memorandum of appeal and skeletal arguments within 30 days from the date hereof.
  • The Parties shall appear before the Court within 45 days from the date hereof for further directions.
  • There shall be no order as to costs.

Rules and key headnotes

Civil Procedure — Affidavit in Reply — Effect of Failure to File
Where an applicant supports an application by affidavit and the respondent does not reply by affidavit or otherwise, the supporting evidence is credible and the facts stand unchallenged. The absence of an affidavit in reply implies that there is no rebuttal to the application.
Civil Procedure — Affidavit in Reply — Exception for Points of Law
A respondent who has not filed an affidavit in reply is entitled to address the court only on points of law. There is no legal requirement for a respondent to file an affidavit in reply where the respondent intends to appear and argue the application only on points of law.
Civil Procedure — Unopposed Applications — Requirement of Proof
An application, even though unopposed, is required to be proven on its merits.
Civil Procedure — Additional Evidence on Appeal — Conditions for Admission
The considerations for admission of additional evidence on appeal are that the lower court has refused to admit evidence which ought to have been admitted, or that the appellate court requires any document to be produced by any witness or other substantial cause. A party cannot introduce new evidence from the Bar in the absence of an affidavit.
Employment & Labour — Appeals from Labour Officer — Leave to Appeal on Questions of Fact
Under Section 94(2) of the Employment Act 2006, an appeal lies on a question of law, and with leave of the Industrial Court, on a question of fact forming part of the decision of the Labour Officer. The threshold for a grant of leave to appeal is that the intending appellant must satisfy the Court that the question or questions of fact upon which they intend to anchor their appeal must have formed part of the decision of the Labour Officer and that they have reason for seeking to make arguments on questions of fact.
Employment & Labour — Appeals from Labour Officer — Distinction Between Questions of Law and Fact
Issues or points of law relate to the interpretation and application of the law to the facts, while a question of fact relates to the findings arising from the evaluation of evidence. An error on a point of law occurs when a trial court misapprehends or misapplies a pertinent law or principle of law, misapprehends the nature, quality, and substance of the evidence, or draws wrong inferences from the proven facts.
Employment & Labour — Appeals from Labour Officer — Rationale for Restriction on Factual Appeals
The legislature intended to preserve the autonomy of Labour Officers as arbitrators. Facts are to be evaluated by the lower courts while points of law are left to the Appellate Court.

Legislation cited (7)

Cases cited (14)

  • DFCU Bank Limited v Godfrey Muwanga (High Court Miscellaneous Application No. 240 of 2018)
  • Agro Supplier Ltd v Uganda Development Bank (High Court Civil Suit No. 379 of 2005)
  • H.G. Gandesha and Kampala Estates Ltd v GJ. Lutaya (Supreme Court Civil Application No. 14 of 1989)
  • Pastor Elidad Mulira v Mugisa Julius Kalemera (High Court Civil Revision No. 0010 of 2017)
  • Twaha Klkomeko v Attorney General (High Court Taxation Appeal/Ref No. 06 of 2016)
  • Lubanga Jamada v Ddumba (Court of Appeal Civil Appeal No. 10 of 2011)
  • Action Aid Uganda v David Mbarakye Tibekinga (Labour Dispute Appeal No. 028 of 2016)
  • National Social Security Fund v MTN Uganda Ltd & Anor (High Court Civil Suit No. 94 of 2009)
  • Mayanja Joshua Kajubi v Wasswa Amon Bwogi & Anor (High Court Miscellaneous Application No. 44 of 2016)
  • Bureau Veritas Uganda Limited v Davlin Kamugisha (Labour Dispute Miscellaneous Application No. 54 & 64 of 2017)
  • Geogas SA vs. Tranno Gas Limited (the Baleares) 19931 Lloyds Rep 215 at 228
  • The Aids Support Organisation (U) Ltd v Dr. Kenneth Mugisha (Labour Dispute Miscellaneous Application No. 38 of 2022)
  • Attorney General of Burundi and the Secretary-General EAC v Hon. Fred Mukasa Mbidde (Appeal No. 02 of 2019)
  • Simon Peter Ochieng & Anor v Attorney General of Uganda (Appeal No. 4 of 2015)

Full judgment

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

Namudope_v_Tasco_Industry_Limited_(Miscellaneous_Application_164_of_2022)_[2023]_UGIC_66_(29_August_2023)
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.