Wakilii

Prof. Mukwanson v Kampala International University (Labour Dispute Miscellaneous Application 186 of 2022)

Industrial Court · [2023] UGIC 22 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to correct mathematical error in award arising from Labour Dispute Claim No. 205 of 2017
Decision
Mathematical error corrected; respondent ordered to pay correct amount of UGX 34,200,000

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court has jurisdiction under section 99 of the Civil Procedure Act and section 17 of the Labour Disputes (Arbitration and Settlement) Act 2006 to correct mathematical errors in its awards. Where the court assessed unpaid salary at UGX 1,800,000 per month for 19 months but erroneously calculated the total as UGX 12,600,000 instead of UGX 34,200,000, the court will correct the error to give effect to its true intention.

Outcome

Mathematical error corrected; respondent ordered to pay correct amount of UGX 34,200,000

Facts

The applicant obtained a copy of the Industrial Court's award in Labour Dispute Claim No. 205 of 2017. Upon reading it, he discovered a mathematical error at page 8 in the computation of his unpaid salary. The court had found he was owed UGX 1,800,000 per month for 19 months (October 2013 to April 2015) but calculated the total as UGX 12,600,000 instead of the correct sum of UGX 34,200,000. The applicant brought this application to correct the error. The respondent initially sought leave to file opposition but subsequently wrote to the Registrar indicating it no longer intended to oppose the application.

Issues

  1. Whether the Industrial Court has jurisdiction to correct a mathematical error in its award.
  2. Whether there was a mathematical error in the computation of the applicant's unpaid salary for October 2013 to April 2015.

Orders

  • Application allowed.
  • The mathematical error at page 8 of the award in Labour Dispute Claim No. 205 of 2017 is corrected.
  • The respondent is ordered to pay the applicant UGX 34,200,000 (not UGX 12,600,000) as unpaid salary for October 2013 to April 2015.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Correction of Errors — Mathematical Errors in Judgments and Awards
A court has jurisdiction under section 99 of the Civil Procedure Act to correct mathematical errors or omissions in its judgments, orders, or decrees arising from accidental slip, in order to give effect to the true and express intention of the court.
Employment & Labour — Industrial Court — Jurisdiction to Review Awards
The Industrial Court is vested with jurisdiction to review its decisions or awards under section 17 of the Labour Disputes (Arbitration and Settlement) Act 2006 and section 9(5) of the Labour Disputes (Arbitration and Settlement) Amendment Act 2021.
Civil Procedure — Failure to Oppose — Court's Power to Proceed
Where a party fails to file evidence in opposition to an application despite being granted leave to do so, the court may proceed to decide the application under Order 17 of the Civil Procedure Rules, which grants jurisdiction to proceed where any party fails to take necessary steps to produce evidence or further the progress of the case.

Legislation cited (13)

Full judgment

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Prof._Mukwanson_v_Kampala_International_University_(Labour_Dispute_Miscellaneous_Application_186_of_2022)_[2023]_UGIC_22_(10_February_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.