Wakilii

Nantongo v MTN Uganda (Labour Dispute Miscellaneous Application No. 255 of 2019)

Industrial Court · [2021] UGIC 79 · 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 against a labour officer's decision dismissing an application to file a labour complaint out of time
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. The applicant failed to provide any explanation for the five-month delay between the labour officer's decision in June 2019 and filing the application in October 2019. The court held that the applicant did not demonstrate good cause as required, and was guilty of unexplained and inordinate delay in seeking the court's indulgence.

Outcome

Application for extension of time dismissed

Facts

The applicant was dismissed from employment by MTN Uganda in April 2014 on grounds of embezzlement. She was arrested and faced criminal charges which were withdrawn in July 2018. She filed a labour complaint in May 2019, over five years after dismissal. The labour officer dismissed her application for leave to file out of time in June 2019. In October 2019, five months later, she applied to the Industrial Court for extension of time to appeal the labour officer's decision. She claimed she was unaware she could pursue criminal and civil matters concurrently and only instructed counsel in late 2018. The respondent opposed the application on grounds of inordinate delay and lack of justification.

Issues

  1. Whether the applicant showed sufficient cause to warrant extension of time to file an appeal against the labour officer's decision.
  2. Whether the applicant's delay in filing the appeal was inordinate and unexplained.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Extension of Time — Requirements for Good Cause
An applicant seeking extension of time to file an appeal must show good cause related to the inability or failure to take the particular step within the prescribed time, and must not be guilty of unexplained and inordinate delay in seeking the indulgence of court.
Civil Procedure — Extension of Time — Discretion of Court
The discretion to grant extension of time must be exercised judicially after proper analysis of facts and application of law to the facts, and only after sufficient reason has been advanced should a court consider other factors such as prejudice or possibility of success.
Employment & Labour — Appeals from Labour Officer — Time Limits
Under Regulation 45 of the Employment Regulations 2011, a person aggrieved by the decision of a labour officer must give notice of appeal to the Industrial Court within thirty days, and time limits set by statute are substantive law that must be complied with.
Civil Procedure — Extension of Time — Explanation of Delay Required
Where an applicant seeks extension of time to appeal, the reasons advanced must explain the delay in filing the appeal itself, not merely the delay in filing the underlying claim, and failure to provide such explanation is fatal to the application.

Legislation cited (9)

Cases cited (20)

  • Boney Katatumba v Wahheed Karim (Supreme Court Civil Appeal No. 27)
  • Roussos v Gulam Hussien Habib Virani (Supreme Court Civil Appeal No. 9 of 1993)
  • Banco Arabe Espanol v Bank of Uganda [1999] 2 EA 22
  • Ojara Otto Julius v Okwera Benson (Miscellaneous Application No. 0023 of 2017)
  • Shah v Jamnadas (1959) EA 838
  • Afayo Liji and Another v Izio Enzama and Another (Miscellaneous Application No. 73 of 2018)
  • F.X Miramago v Attorney General [1979] HCB 24
  • Hilton v Sutton Steam Laundry [1964] 1 KB
  • Mohammed B Kasasa Vs Jaspher Bunonga Sirasi Bwogi
  • Bonny Alzeze Bineka Ochwo v Kyambogo University (Labour Dispute Reference No. 302 of 2015)
  • Kasese Cobalt Company Limited v Bwambale Eriab (Miscellaneous Application No. 234 of 2018)
  • Uganda v Orem Nicholas (Criminal Session No. 459 of 2010)
  • Hermezdas Mulindwa v Stanbic Bank (High Court Civil Suit No. 46 of 2004)
  • Tight Security Ltd v Chartis Uganda Insurance Company Ltd and Another (High Court Miscellaneous Application No. 8 of 2014)
  • Eriga Jos Perinot v Vuzzi Azza Victor Vunzi Innocent and Another (Miscellaneous Application No. 09 of 2017)
  • Pinnacle Projects Limited v Business in Motion Consultants Limited (High Court Miscellaneous Application No. 362 of 2010)
  • Tiberio Okeny and Another v Attorney General and 2 Others (Court of Appeal No. 51 of 2001)
  • Andrew Bamanya v Shamsherali Zaver (Supreme Court Civil Appeal No. 20 of 2001)
  • Sabitti Kachope and 3 Others v Margaret Kamuju (Supreme Court Appeal No. 31 of 1999)
  • Muzamil Ayile v Roses Taraka and 3 Others (High Court Miscellaneous Application No. 0024 of 2013)

Full judgment

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

Nantongo_v_MTN_Uganda_(Labour_Dispute_Miscellaneous_Application_No._255_of_2019)_[2021]_UGIC_79_(6_August_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.