Wakilii

Nyangoma v Kampala International University (Labour Dispute Miscellaneous Application 11 of 2020)

Industrial Court · [2020] UGIC 47 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend pleadings in underlying labour dispute claim
Decision
Application for leave to amend pleadings dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court dismissed an application to amend pleadings to change the date of dismissal from March 2016 to March 2015. The court held that the application was brought in bad faith, constituted an abuse of process, and was an attempt to create a new cause of action after a preliminary objection had been raised. The six-month delay in bringing the application after the respondent filed a preliminary objection was inordinate and unjustified.

Outcome

Application for leave to amend pleadings dismissed

Facts

The applicant was allegedly unfairly terminated by the respondent university. She filed a labour complaint which was referred to the Industrial Court. In her memorandum of claim filed on 25 July 2019, she stated her dismissal date as 16 March 2016. The respondent filed a reply raising a preliminary objection that the applicant had no cause of action because her contract had expired by the stated dismissal date. Six months later, on 17 February 2020, during a pre-session hearing, the applicant sought to amend her pleadings to change the dismissal date to 16 March 2015, claiming her former counsel had made an error. The affidavit in support was sworn by an advocate from the applicant's current law firm, not by the applicant herself.

Issues

  1. Whether the application for leave to amend pleadings is valid and competent.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Discretion of Court — Bad Faith
A court will not exercise its discretion to allow an amendment of pleadings where the application is brought in bad faith and constitutes an abuse of court process.
Civil Procedure — Amendment of Pleadings — Attempt to Create New Cause of Action
A court will not allow an amendment which constitutes a distinctive cause of action or attempts to change the cause of action by means of amendment, particularly where the amendment is sought after a preliminary objection has been raised challenging the existence of a cause of action.
Civil Procedure — Amendment of Pleadings — Delay — Inordinate Delay
An application to amend pleadings brought six months after a preliminary objection has been filed, without adequate explanation for the delay, constitutes inordinate delay and may be dismissed on that ground.
Civil Procedure — Preliminary Objections — Timing of Determination
Where a preliminary point of law is expected to wholly determine the controversy between parties, advantage ought to be taken to dispose of it at the close of pleadings or very shortly thereafter. A court has discretion to dispose of a preliminary objection immediately or defer its ruling until after hearing the whole case.

Legislation cited (9)

Cases cited (12)

  • Gaso Transport (Bus) Ltd v Obene [1990-94] EA 88
  • Captain Philip Ongom v Catherine Nyero (Supreme Court Civil Appeal No. 14 of 2004)
  • Attorney General v AKPM Lutaaya (Supreme Court Civil Appeal No. 12 of 2007)
  • N Asha & Co Ltd v Mulowoza & Brothers Ltd (Court of Appeal Civil Appeal No. 57 of 2009)
  • Eastern Bakery v Casteline [1958] EA 461
  • Mugoya Construction v Central Electricals International Ltd (Miscellaneous Application No. 699 of 2011)
  • Kayondo Muhammed & Others v Administrator General (High Court Miscellaneous Application No. 27 of 2016)
  • Mulindwa Birimumaso v Government Central Purchasing Corporation (Court of Appeal Civil Appeal No. 3 of 2001)
  • Ssewagudde Nicholas Serunkuma & 2 Others v Namasole Namusoke Namatovu Veronica (High Court Miscellaneous Application No. 1307 of 2016)
  • Mohammad Buwule Kasasa v Jaspher Buyonga Bwogi (Court of Appeal Civil Appeal No. 42 of 2008)
  • Attorney General v Major General David Tinyefuza (Supreme Court Constitutional Appeal No. 1 of 1997)
  • Lubowa Gyaliira & Others v Makerere University (High Court Miscellaneous Application No. 471 of 2009)

Full judgment

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

Nyangoma_v_Kampala_International_University_(Labour_Dispute_Miscellaneous_Application_11_of_2020)_[2020]_UGIC_47_(17_December_2020)
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.