Wakilii

Ndyabahika and Another v The Registered Trustees Of Church Of Uganda (Labour Dispute Miscellaneous Application 150 of 2021)

Industrial Court · [2022] UGIC 80 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Exparte application for representative order arising from intended labour dispute
Decision
Representative order granted; applicants authorized to prosecute labour dispute on behalf of all eleven claimants

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court granted a representative order under Order 1 Rule 8 of the Civil Procedure (Amendment) Rules 2019, allowing two applicants to represent nine other persons in a labour dispute concerning alleged unlawful termination. The court dispensed with the notice requirement under Order 1 Rule 8(4) because all nine intended claimants had consented in writing and confirmed their consent in open court.

Outcome

Representative order granted; applicants authorized to prosecute labour dispute on behalf of all eleven claimants

Facts

The applicants and nine other persons were employees of the respondent at All Saints Cathedral in Kampala. They alleged they were all unlawfully terminated. The group held a meeting and chose the two applicants to file a labour dispute on behalf of all eleven persons. The intended labour dispute sought relief for unfair termination, terminal benefits, repatriation, send-off package, redundancy pay, leave allowance, gratuity, overtime pay, and accrued allowances. All nine other intended claimants signed written consent authorizing the applicants to represent them and appeared in court on 21 February 2022 to confirm their consent.

Issues

  1. Whether the applicants should be granted leave to represent nine other persons in a labour dispute against the respondent.
  2. Whether the court should dispense with the requirement to give notice by personal service or public advertisement under Order 1 Rule 8(4).

Orders

  • Leave for a representative order granted to the applicants to represent nine other persons in Labour Dispute Reference No. 198 of 2021.
  • Requirement to issue notice under Order 1 Rule 8(4) dispensed with.
  • Costs of the application to abide the main dispute.

Rules and key headnotes

Civil Procedure — Representative Suits — Requirements for Representative Order
Before granting a representative order under Order 1 Rule 8 of the Civil Procedure (Amendment) Rules 2019, the court must be satisfied that all persons represented have the same actual and existing interest in the subject matter, that all represented persons have authorized the applicant in writing, and that the application is brought with a proposed plaint showing a list of all persons represented and their common interest.
Civil Procedure — Representative Suits — Notice Requirement — Dispensation
Where all intended claimants in a representative suit have consented in writing to be represented and have confirmed their consent in open court, the court may dispense with the requirement under Order 1 Rule 8(4) to give notice of the institution of the suit by personal service or public advertisement.

Legislation cited (3)

Full judgment

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

Ndyabahika_and_Another_v_The_Registered_Trustees_Of_Church_Of_Uganda_(Labour_Dispute_Miscellaneous_Application_150_of_2021)_[2022]_UGIC_80_(4_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.