Wakilii

Uganda Broadcasting Corporation v Kamukama (Misc. Application No. 638 of 2014)

High Court · [2015] UGHCCD 121 · 2015 Matter Referred to Labour Officer AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out employment claim for lack of jurisdiction under Order 9 rule 3 of the Civil Procedure Rules and Section 93 of the Employment Act
Decision
Matter referred to the Kampala District Labour Officer for appropriate handling under the Employment Act dispute resolution framework

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that while the High Court retains unlimited original jurisdiction under Article 139(1) of the Constitution, which cannot be ousted by an Act of Parliament, Section 93 of the Employment Act establishes a mandatory first-instance dispute resolution mechanism through the Labour Officer with appeal to the Industrial Court. The court exercised its discretion to refer the employment dispute to the Kampala District Labour Officer in line with current court policy favouring use of specialised employment dispute resolution mechanisms where such institutions are operational.

Outcome

Matter referred to the Kampala District Labour Officer for appropriate handling under the Employment Act dispute resolution framework

Facts

The respondent filed Civil Suit 268 of 2012 in the High Court alleging victimization, discrimination, illegal reduction in rank, and unlawful termination by Uganda Broadcasting Corporation. The applicant sought to strike out the suit, arguing that the High Court lacked jurisdiction and that under Section 93 of the Employment Act 2006, the only remedy available was by way of complaint to a Labour Officer, with appeal to the Industrial Court. The respondent opposed the application, contending that the High Court has unlimited original jurisdiction under Article 139(1) of the Constitution and that Section 93 did not apply to her claim. The applicant also raised a preliminary objection that the application was served out of time under Order 12 rule 3(2) of the Civil Procedure Rules.

Issues

  1. Whether the High Court has jurisdiction to entertain the respondent's employment grievances in light of Section 93 of the Employment Act 2006.
  2. Whether the application was served out of time contrary to Order 12 rule 3(2) of the Civil Procedure Rules.
  3. Whether Section 93 of the Employment Act varies or limits Article 139(1) of the Constitution which grants unlimited original jurisdiction to the High Court.

Orders

  • The respondent's claim referred to the Kampala District Labour Officer for redress.
  • Each party to meet its own costs.

Rules and key headnotes

Constitutional Law — High Court Jurisdiction — Unlimited Original Jurisdiction under Article 139(1) — Cannot be Ousted by Act of Parliament
An Act of Parliament cannot oust the jurisdiction of the High Court except by an amendment of the Constitution; the High Court's unlimited original jurisdiction under Article 139(1) of the Constitution cannot be diminished by subordinate legislation.
Employment & Labour — Dispute Resolution — Section 93 Employment Act — Relationship with High Court Jurisdiction — Mandatory First-Instance Mechanism
Section 93 of the Employment Act 2006, which requires employment disputes to be first lodged with a Labour Officer with appeal to the Industrial Court, does not oust the High Court's jurisdiction but establishes a mandatory first-instance dispute resolution mechanism; the High Court may exercise its discretion to refer employment matters to the Labour Officer where the statutory mechanism is operational.
Civil Procedure — Service of Applications — Service Out of Time — Discretion to Overlook Where No Prejudice
Where an interlocutory application is served beyond the fifteen-day period prescribed by Order 12 rule 3(2) of the Civil Procedure Rules but the respondent suffers no prejudice and files a reply, the court may exercise its discretion to hear the application on its merits in the interests of justice.
Administrative Law — Specialised Tribunals — Court Policy Favouring Use of Statutory Dispute Resolution Mechanisms — Access to Justice
Current court policy favours the use of specialised statutory dispute resolution mechanisms established by Parliament where such institutions are operational and functional, to promote easy access to justice, proximity to the public, and avoid unnecessary expense, without prejudice to the High Court's unlimited original jurisdiction.

Legislation cited (8)

Cases cited (3)

  • Hussein Bada Vs Iganga District Land Board
  • 201 Employees of G4S Security (U) Ltd v G4S (U) Ltd (Supreme Court Civil Appeal No. 18 of 2010)
  • Rabo Enterprises (U) Ltd and Elgon Hardware Ltd v Commissioner General Uganda Revenue Authority (Court of Appeal No. 51 of 2003)

Full judgment

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

Uganda Broadcasting Corporation v Kamukama (Misc. Application No. 638 of 2014) [2015] UGHCCD 121 (28 August 2015)
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.