Sure Telecom Uganda Limited v Azemchap (Civil Application No. 191 of 2020)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

On an application for an interim order of stay of execution arising from an Industrial Court award, the single Justice held that exceptional circumstances existed permitting a direct application to the Court of Appeal, because the Industrial Court had fixed the substantive stay application for hearing beyond the date it disposed of the review, rendering it nugatory. The preliminary objection on the affidavit's competence failed as the respondent adduced no evidence that the commissioning advocate lacked a valid practising certificate. The applicant had a competent notice of appeal, a substantive application pending, and faced a serious threat of execution. The application was allowed and an interim stay granted.

Outcome

Interim order of stay of execution granted pending disposal of the substantive application (Miscellaneous Application No.190 of 2020)

Facts

The applicant, a licensed telecommunications services provider, recruited the respondent in June 2012 as Chief Consumer Officer on a four-year contract that provided for early termination upon notice. The respondent's employment was terminated on grounds of unsatisfactory commercial performance. The respondent sought redress before the Industrial Court, which found in his favour and awarded him USD 450,000 as general damages. The applicant's application for review of that decision was dismissed. The applicant then lodged an appeal in the Court of Appeal (Civil Appeal No.136 of 2020) and filed a substantive application for stay of execution (Miscellaneous Application No.190 of 2020). The Industrial Court issued a notice to show cause why execution should not issue, and the respondent proceeded to take out execution. The applicant brought this application for an interim order of stay pending determination of the substantive application.

Issues

1. Whether the application was improperly brought before the Court of Appeal without first being made to the Industrial Court.
2. Whether the affidavit in support was incompetent because it was commissioned by an advocate without a valid practising certificate.
3. Whether the applicant satisfied the conditions for the grant of an interim order of stay of execution.

Orders

• An interim order is issued staying the execution and/or effecting of the decision and orders of the Industrial Court in Industrial Court Labour Dispute Appeal No.5 of 2017 pending disposal of Miscellaneous Application No.190 of 2020.
• The Registrar is directed to fix Miscellaneous Application No.190 of 2020 for hearing within the next 14 days.
• The costs of this application shall abide the outcome of the substantive application for stay of execution.

Rules and key headnotes

Legislation cited (10)

• Rules of the Court of Appeal r.2(2)
• Rules of the Court of Appeal r.6(2)(b)
• Rules of the Court of Appeal r.42(1)
• Rules of the Court of Appeal r.42(2)
• Rules of the Court of Appeal r.43(1)
• Rules of the Court of Appeal r.50
• Rules of the Court of Appeal r.51
• Rules of the Court of Appeal r.76
• Commissioners for Oaths (Advocates) Act s.2
• Advocates Act s.10

Cases cited (12)

• Zubeda Mohamed and Another v Laila Kaka Walia and Another (Civil Reference No. 7 of 2016)
• Aids Health Foundation v Dr Stephen Mirembe Kizito (Civil Application No. 147 of 2014)
• The Returning Officer of Iganga District and Another v Haji Muluya Mustaphar (Civil Appeal No. 13 of 1997)
• Hon. Anifa Kawooya V Attorney General CAMA No.479 of 2011
• Mohammed Mohammed v Roko Construction Ltd (Civil Application No. 23 of 2017)
• Yoramu Kasinde and Another v Kihonde Samuel (Civil Application No. 259 of 2018)
• Mukisa Biscuits Manufacturing Co Ltd v West End Distributors Ltd (1968) EA 696
• SBI International Holdings AG (U) Limited v COF International Co Limited (Miscellaneous Application No. 183 of 2018)
• Kyambogo University v Prof Isaiah Omolo Ndiege (Civil Appeal No. 341 of 2013)
• Lawrence Musiitwa Kyazze v Eunice Busingye (Civil Application No. 18 of 1990)
• Bakunda Darlington v Dr Kinyatta Stanley (Civil Appeal No. 27 of 1997)
• Hwan Sung Industries Ltd v Tajdin Hussien and 2 Others (Civil Application No. 19 of 2008)

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