Wakilii

Nile Agro Industries Limited v Namuli Prossy Louise (Labour Dispute Miscellaneous Application No. 207 of 2025)

Industrial Court · [2026] UGIC 31 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside ex parte award and proceedings in underlying labour dispute reference
Decision
Ex parte award set aside; underlying labour dispute reference to proceed inter partes

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court set aside an ex parte award entered in a labour dispute reference after finding that the applicant employer had not been served with a hearing notice for the date on which leave to proceed ex parte was granted. The court's reliance on an affidavit of service dated 31 July 2023 for a 31 August 2023 hearing was found to be a fundamental mistake, as it could not establish service for the 29 October 2024 hearing when ex parte proceedings were permitted. Non-service was held to violate the audi alteram partem principle and the applicant's right to a fair hearing.

Outcome

Ex parte award set aside; underlying labour dispute reference to proceed inter partes

Facts

The applicant employer filed a response to the claimant employee's memorandum of claim in Labour Dispute Reference No. 002 of 2023 and awaited a hearing date. On 12 December 2025, the applicant unexpectedly received an ex parte award against it. The applicant discovered that on 29 October 2024, the respondent's counsel had been granted leave to proceed ex parte. The applicant and its advocates, Arcadia Advocates, averred that they were never notified or served with a hearing notice for 29 October 2024. The respondent opposed the application, asserting that the applicant had been duly served a hearing notice on 26 July 2024 and had elected not to participate. The respondent attached an affidavit of service as evidence. In rejoinder, the applicant contended that the hearing notice attached to the respondent's affidavit was dated 20 July 2023, not 2024, and related to a pre-session hearing scheduled for 31 August 2023, not the 29 October 2024 hearing.

Issues

  1. Whether there are sufficient grounds to warrant the setting aside of the ex parte proceedings and award in Labour Dispute Reference No. 002 of 2023.

Orders

  • The ex parte award of 12 December 2025 arising from the proceedings of 29 October 2024 in Labour Dispute Reference No. 002 of 2023 is set aside.
  • Labour Dispute Miscellaneous Application No. 207 of 2025 is allowed.
  • No order as to costs.
  • Labour Dispute Reference No. 002 of 2023 is set for mention on 27 April 2026 at 9:30 a.m.

Rules and key headnotes

Civil Procedure — Setting Aside Ex Parte Decrees — Grounds under Order 9 Rule 27 CPR
Under Order 9 Rule 27 of the Civil Procedure Rules, a defendant may apply to set aside an ex parte decree on two grounds: that the summons was not duly served, or that the defendant was prevented by sufficient cause from appearing when the suit was called for hearing.
Civil Procedure — Service of Process — Requirement of Effective Service Before Ex Parte Proceedings
For a court to properly grant leave to proceed ex parte, there must be effective service of the hearing notice on the defendant. An affidavit of service relating to an earlier hearing date cannot establish service for a subsequent hearing date.
Civil Procedure — Natural Justice — Audi Alteram Partem Principle and Non-Service
Non-service of a hearing notice is non-negotiable and is inextricably tethered to the audi alteram partem principle, which is a bedrock of the justice system. Permitting an ex parte award obtained without effective service to stand would undermine the defendant's right to a fair hearing.
Civil Procedure — Setting Aside Decrees — Awards Obtained by Fundamental Mistake
Where an ex parte award is obtained by a fundamental mistake of fact, law, and justice, it must ex debito justitiae be set aside.

Legislation cited (3)

Cases cited (11)

Full judgment

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Nile Agro Industries Limited v Namuli Prossy Louise (Labour Dispute Miscellaneous Application No. 207 of 2025) [2026] UGIC 31 (21 April 2026)
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.