Ninyenda v Makerere University (Labour Dispute Miscellaneous Application 151 of 2021)

Observed later treatment

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 allowed the review application, finding an error on the face of the record. The court had upheld a preliminary objection on grounds that the claimant failed to exhaust the internal remedy of appealing to the University Staff Tribunal, but dismissed the claim instead of referring it to the tribunal as the respondent had prayed. The dismissal order was set aside and the dispute referred to the Staff Appeals Tribunal.

Outcome

Dismissal order set aside; matter referred to University Staff Appeals Tribunal for completion of internal administrative process

Facts

The applicant had filed Labour Dispute Reference No. 050/2019 in the Industrial Court. The respondent raised a preliminary objection arguing that the applicant should have first appealed to the University Staff Appeals Tribunal to complete the administrative process. The same matter had previously been found incompetent in judicial review proceedings (Misc. Cause 413/2017) for failure to exhaust the alternative remedy of appeal to the University Tribunal. The Industrial Court upheld the preliminary objection but dismissed the claim as premature and incompetent. The respondent's prayer in raising the objection had been for the court to halt proceedings and refer the matter to the Staff Appeals Tribunal, not for dismissal. The applicant then brought this review application arguing error on the face of the record.

Issues

1. Whether there was an error on the face of the record in the court's dismissal of Labour Dispute Reference No. 050/2019 instead of referring the matter to the Staff Appeals Tribunal as prayed for by the respondent.

Orders

• Application allowed.
• Order dismissing Labour Dispute Reference 50/2019 set aside as having appeared as an error on the face of the record.
• Order halting proceedings in this court issued.
• Dispute referred to the Respondent Staff Appeals Tribunal as prayed for in Labour Dispute Reference 50/2019.
• No order as to costs.

Rules and key headnotes

Legislation cited (3)

• Labour Disputes (Arbitration and Settlement) Act 2006 s.17(1)
• Civil Procedure Rules Order 52(1)
• Civil Procedure Rules Order 52(3)

Cases cited (1)

• Misc. Cause 413/2017

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Tukahirwa Florence and Others v Registered Trustees of Kabale Diocese (Misc. Application No. 002 of 2026)

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