Wakilii

Okello and 91 Others v Mayuge Sugar Industries Limited (Labour Dispute Miscellaneous Application No. 008 of 2023)

Industrial Court · [2023] UGIC 128 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal order arising from Labour Dispute Reference No. 046 of 2020
Decision
Application to set aside dismissal order dismissed; underlying Labour Dispute Reference No. 046 of 2020 remains 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 set aside a dismissal order where 92 claimants and their agent failed to appear at a scheduled hearing and failed to file pre-trial documents as directed. The court held that the agent's illness did not constitute sufficient cause because none of the 92 claimants attended court to explain the agent's absence or took steps to file the documents or notify the court, despite some claimants having been present when the hearing date was fixed.

Outcome

Application to set aside dismissal order dismissed; underlying Labour Dispute Reference No. 046 of 2020 remains dismissed

Facts

The applicants filed Labour Dispute Reference No. 046 of 2020 against the respondent seeking damages for unlawful termination. At a pre-session hearing on 26 May 2023, the Registrar directed parties to file witness statements, trial bundles, and a joint scheduling memorandum by 6 June 2023, with hearing fixed for 14 June 2023. On the hearing date, neither the 92 claimants nor their agent Mr. Kasajja Brian appeared in court, and the required pre-trial documents had not been filed. The court dismissed the claim for want of prosecution under Order 17 Rule 4 of the Civil Procedure Rules. The applicants then filed this application seeking to set aside the dismissal order, with Mr. Kasajja deposing that he had fallen ill on 5 June 2023 and was incapacitated for three weeks, preventing him from filing documents or attending court. The respondent opposed the application, arguing there was no sufficient explanation for non-appearance and that the medical evidence was inadequate.

Issues

  1. Whether the Applicant has demonstrated sufficient cause to warrant the setting aside of the dismissal of Labour Dispute Reference No. 046 of 2020.
  2. Whether the deponent of the Affidavit in Reply was authorised to swear the affidavit on behalf of the Respondent.
  3. Whether the Respondent's advocates required instruments of instruction to appear in court.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Setting Aside Dismissal Orders — Sufficient Cause — Burden on Applicant
An application to set aside a dismissal order requires the applicant to demonstrate sufficient cause relating to the inability or failure to take the necessary step at the prescribed time, and the applicant must show an honest intention to attend the hearing and that they did their best to do so.
Civil Procedure — Discretion to Reinstate Dismissed Suits — Exercise of Discretion
The power to order reinstatement of a dismissed case is a discretion of the court which should be exercised sparingly and only in deserving circumstances, and where a party has been guilty of dilatory conduct or delay in filing an application for reinstatement, the court should be reluctant to grant reinstatement.
Civil Procedure — Agent's Illness as Sufficient Cause — Duty of Principal Parties
Where an agent's illness is advanced as sufficient cause for non-appearance, the principal parties who are aware of the hearing date have an obligation to attend court to explain the agent's absence or take steps to notify the court, particularly where multiple parties are involved and some were present when the hearing date was fixed.
Employment & Labour — Representation — Agents under LADASA
Under section 20 of the Labour Disputes (Arbitration and Settlement) Act 2006, a party may appear by themselves, by an agent including a labour union or employer's organisation, or by an advocate, and the Act is silent on whether an agent must possess instruments of instruction.
Evidence — Affidavits — Authorization to Swear Affidavit
An affidavit in support is evidence and does not require authorization but rather knowledge of the deponent; what matters is the deponent's knowledge of the facts deposed to, not formal authorization to swear the affidavit.

Legislation cited (9)

Cases cited (9)

  • Dr. Bunoti James Wokwera v Aar Health Care Uganda Ltd and Anor (Labour Dispute Miscellaneous Application No. 140 of 2022)
  • Banone Lts v Simbamanyo Estates (High Court Miscellaneous Application No. 645 of 2020)
  • Njagi v Munyira [1975] EA 179
  • Hadondi Daniel v Yolam Egondi (Court of Appeal Civil Appeal No. 67 of 2003)
  • Crown Beverages Limited v Stanbic Bank Uganda Limited (High Court Civil Suit No. 0710 of 2003)
  • Monaco Cosmetics Ltd and 2 Others v Old Stanley Hotel Ltd (High Court Commercial Division Miscellaneous Application No. 593 of 2016)
  • Mwanguhya Fenehansi v King Oyo Nyimba Kabamba Iguru (High Court Miscellaneous Application No. 033 of 2023)
  • Tiberio Okeny & Anor v The Attorney General and 2 Others (Court of Appeal Civil Appeal No. 51 of 2001)
  • Captain Phillip Ongom v Catherine Nyero Owota (Supreme Court Civil Appeal No. 14 of 2001)

Full judgment

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

Okello_and_91_Others_v_Mayuge_Sugar_Industries_Limited_(Labour_Dispute_Miscellaneous_Application_No._008_of_2023)_[2023]_UGIC_128_(21_December_2023)
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.