Ojara & Anor v Uganda Electricity Distribution Company Ltd (Labour Dispute Claim 62 of 2015)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Industrial Court ruled that a labour dispute claim transferred from the High Court should not be heard de novo where the plaintiffs' case had already been closed before the trial judge. The matter was forwarded to the Industrial Court by error, as the court was originally meant to receive only cases from the High Court that were not part-heard. In the interest of saving time for both parties, the matter should be heard by the original trial judge who had already closed the plaintiffs' case.
Outcome
Matter remitted to original trial judge for continuation of hearing
Facts
This was a labour dispute claim originally filed as Labour Dispute Claim No. 281 of 2011, which was subsequently transferred to the Industrial Court and re-numbered as Labour Dispute Claim No. 62 of 2015. At the time of transfer, the plaintiffs' case had already been closed before the trial judge in the High Court. The issue arose as to whether the matter should be heard de novo before the Industrial Court or continue before the original trial judge.
Issues
- Whether the matter should be heard de novo following transfer to the Industrial Court.
Orders
- Matter not to be heard de novo.
- Matter to be heard by the trial judge who had already closed the plaintiffs' case.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.