Wakilii

Twinomujuni v Mec -Plastics Limited and Another (Labour Dispute Miscellaneous Application 164 of 2023)

Industrial Court · [2024] UGIC 3 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for production and inspection of documents arising from Labour Dispute Reference No. 54 of 2023
Decision
Application for production of documents granted; 1st Respondent ordered to produce specified documents within 21 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court granted the application for production of documents. The Court held that under Order 10 Rule 18 of the Civil Procedure Rules, an applicant must establish that the documents sought are in the possession, power, or control of the respondent and that they are relevant to the issues in the pending suit. The Court found that the 1st Respondent's financial records, sales invoices, gate pass records, and audited books of accounts for 2015 to 2022 were relevant to determining the applicant's claim for unpaid sales commission. The Court rejected the respondent's argument that the application was a fishing expedition, finding that the applicant had established a sufficient prima facie case for the existence and relevance of the documents.

Outcome

Application for production of documents granted; 1st Respondent ordered to produce specified documents within 21 days

Facts

The applicant, Twinomujuni Fred, was employed by the 1st Respondent in sales and marketing. He claimed he was promised a commission on sales of damp-proof course rolls, cooking oil, and sisal rolls. The applicant alleged that the commission was not paid and sought recovery of UGX 14,520,000 in unpaid sales commission in Labour Dispute Reference No. 54 of 2023. To support his claim, the applicant filed an interlocutory application seeking production of sales invoices, receipts, gate pass records, and audited books of accounts from 2015 to 2022. The 1st Respondent opposed the application, arguing that it did not deal in cooking oil, that it only retained records for six years, and that the application was a fishing expedition. The 1st Respondent also contended that the documents sought were not relevant to the applicant's claim.

Issues

  1. Whether the 1st Respondent should be ordered to produce sales invoices, receipts, gate pass records, and audited books of accounts for the years 2015 to 2022.
  2. Whether the documents sought are in the possession, power, or control of the 1st Respondent.
  3. Whether the documents sought are relevant and necessary for the fair disposal of the underlying labour dispute.
  4. Whether the application constitutes a fishing expedition.

Orders

  • Application granted.
  • The 1st Respondent is directed to produce, within 21 days of this order, the sales invoices and receipts for damp course rolls and sisal rolls for 2015 to 2022.
  • The 1st Respondent is directed to produce the gate pass records for the years 2015 to 2022.
  • The 1st Respondent is directed to produce the audited books of accounts for 2015 to 2022.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Discovery and Inspection — Production of Documents — Test for Production
Under Order 10 Rule 18 of the Civil Procedure Rules, an application for production of documents requires proof that the documents are in the possession, power, or control of the party against whom the application is made, and that the documents are relevant and necessary for the fair disposal of the suit. The test is not disjunctive as between possession and relevance; both elements must be satisfied.
Evidence — Discovery — Relevance of Documents — Financial Records in Commission Disputes
Where a claim for unpaid sales commission is pleaded and both parties make assertions about the existence of a commission agreement, the financial records, sales invoices, and related documents of the employer are relevant and necessary to prove or disprove the fact of sales and commission due.
Civil Procedure — Discovery — Liberal Approach — Standard of Proof
In applications for discovery of documents, courts apply a liberal approach and a standard lower than the balance of probabilities. An applicant need only establish a sufficient prima facie basis for believing that the evidence sought exists and is material and relevant to the issues at trial.
Civil Procedure — Discovery — Fishing Expedition — Distinction
An application for production of documents is not a fishing expedition where the applicant has identified specific documents, established their existence and relevance to a pending claim, and seeks them to prove or disprove a fact in issue. A fishing expedition occurs where an applicant seeks documents to determine whether a case exists, rather than to support an existing claim.

Legislation cited (4)

Cases cited (9)

  • John Kato v Muhlbauer AG and Another (HCMA No. 175 of 2011)
  • Sibamanyo Estates Ltd and Another v Equity Bank (U) Ltd and 4 Others (HCMA No. 583 of 2022)
  • Loftin v Martin 776 S.W.2d 145(1989)
  • Gerald Kafureka Karuhanga and Another v Attorney General and Others (HCMA No. 060 of 2015)
  • Patricia Mutesi v Attorney General (HCMA No. 912 of 2016)
  • Kiryankusa Simon v Crown Beverages Limited (LDMA No. 005 of 2022)
  • Jayson Industries and Anr V Crown Craft(lndia) Pvt Ltd Cs(Comm) 580/2022,1.A. 13422/2022,1.A. 13425/2022
  • Anthony Katamba v MTN(U) LTD
  • Gale v Denman Picture Houses Ltd [1930] Kb 588

Full judgment

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

Twinomujuni_v_Mec_-Plastics_Limited_and_Another_(Labour_Dispute_Miscellaneous_Application_164_of_2023)_[2024]_UGIC_3_(30_January_2024)
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.