Namusoke v Cairo International Bank (Miscellaneous Application No. 3 of 2020)

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 review of its earlier award. The court held that review requires an error apparent on the face of the record—an evident error requiring no extraneous matter to show its incorrectness. Finding no such error in its previous decision regarding the applicant's resignation notice, and noting the applicant filed no submissions in support, the court dismissed the application with costs.

Outcome

Application for review dismissed with costs to the respondent

Facts

The applicant sought review of the Industrial Court's award in Labour Dispute Appeal No. 004/2019, which arose from an employment dispute with Cairo International Bank. The underlying dispute concerned the applicant's resignation notices dated 26 January 2018 and 30 January 2018. The Industrial Court had previously found that the first notice was withdrawn and replaced by the second notice but that this did not revoke the resignation itself. The applicant filed the review application with supporting affidavit. The respondent filed an affidavit in reply. The applicant raised a preliminary objection to jurisdiction which was overruled on 8 November 2021. When the matter came up for written submissions, the applicant failed to file any submissions while the respondent filed in time.

Issues

1. Whether there was an error apparent on the face of the record in the Industrial Court's award in Labour Dispute Appeal No. 004/2019 warranting review.

Orders

• Application dismissed.
• Costs awarded to the respondent.

Rules and key headnotes

Legislation cited (3)

• Civil Procedure Act s.82(b)
• Civil Procedure Rules Order 46 rule 1(b)
• Civil Procedure Rules Order 46 rule 8

Cases cited (1)

• Kanyabwera v Tumwebaze (Supreme Court Civil Appeal No. 6 of 2004)

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