Wakilii

Standard Chartered Bank v Tibihikira Makoko (Labour Dispute Miscellaneous Application No. 123 of 2020)

Industrial Court · [2021] UGIC 78 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of Industrial Court award pending appeal to Court of Appeal
Decision
Stay of execution granted on condition of providing bank guarantee for full award value within 14 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court granted a stay of execution of an award for unlawful dismissal pending appeal. The Court applied Order 43(3) of the Civil Procedure Rules, requiring substantial loss, no unreasonable delay, and provision of security. Although the applicant did not adequately demonstrate substantial loss, the Court granted the stay on condition that the applicant provide a bank guarantee for the full value of the award within 14 days.

Outcome

Stay of execution granted on condition of providing bank guarantee for full award value within 14 days

Facts

The Respondent was employed by Standard Chartered Bank for 20 years from 1995 to 2015 when she was dismissed. She filed Labour Dispute Reference 315 of 2015 for unlawful dismissal and in July 2020 received an award of UGX 1,000,000,000 in general damages and USD 108,750 for uninvested shares. The Bank filed a notice of appeal on 30 July 2020 and applied for stay of execution, offering to provide a bank guarantee for the award value. The Respondent opposed the application, arguing that the Bank did not dispute liability for unfair termination and should pay undisputed amounts directly to her.

Issues

  1. Whether the Applicant has adduced sufficient reasons to justify a stay of execution pending appeal.

Orders

  • The judgment and decree in Labour Dispute Reference 315 of 2015 is stayed until disposal of the Applicant's appeal or until further orders.
  • The Applicant shall provide security for the satisfaction of the award by providing a bank guarantee of Standard Chartered Bank for the whole value of the award in favour of the Respondent within 14 days from this ruling.
  • No order as to costs is made.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for Grant
A stay of execution may be granted where the applicant satisfies three conditions: substantial loss may result unless the order is made, the application has been made without unreasonable delay, and security has been given for due performance of the decree as may ultimately be binding upon the applicant.
Civil Procedure — Stay of Execution — Security for Award
Where an applicant for stay of execution offers to provide a bank guarantee for the full value of the award and the appeal has been filed within the prescribed time, the court may grant the stay even where the applicant has not adequately demonstrated substantial loss, provided security is furnished within a specified period.

Legislation cited (4)

Full judgment

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Standard_Chartered_Bank_v_Tibihikira_Makoko_(Labour_Dispute_Miscellaneous_Application_No._123_of_2020)_[2021]_UGIC_78_(21_May_2021)
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.