Wakilii

Uganda Communications Employees Union and 2 Others v Uganda Telecom Limited and Another (Labour Claim 26 of 2016)

Industrial Court · [2025] UGIC 16 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application by 1st Respondent to declare 2nd Respondent's witness hostile and permit cross-examination during ongoing labour claim proceedings
Decision
Interlocutory application granted; 1st Respondent permitted to cross-examine 2nd Respondent's witness

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that where co-respondents occupy adversarial positions on a material issue, the court may exercise its discretion under section 8(3) of the Labour Disputes (Arbitration and Settlement) Act to declare a co-respondent's witness hostile and permit cross-examination by the other respondent, notwithstanding that the Evidence Act ordinarily restricts such declarations to the party calling the witness.

Outcome

Interlocutory application granted; 1st Respondent permitted to cross-examine 2nd Respondent's witness

Facts

The claimants brought a labour claim against Uganda Telecom Limited (1st Respondent) and the National Social Security Fund (2nd Respondent) concerning entitlement to social security contributions. During trial, the 2nd Respondent called Mr. Isaac Ogwang as its sole witness. After the claimants' counsel cross-examined Mr. Ogwang, counsel for the 1st Respondent applied to cross-examine him, contending that his evidence championed the claimants' case and was adverse to the 1st Respondent's position. The 1st Respondent argued that the two respondents occupied polar opposite positions on the question of entitlement to the disputed 10% contributions: the 1st Respondent contended it had no legal obligation to remit contributions to the 2nd Respondent, while Mr. Ogwang's testimony indicated the 2nd Respondent was ready to pay the contributions to the claimants. The 2nd Respondent opposed the application, arguing that no adverse case had been set up and that the 1st Respondent should have amended its pleadings if it recognised an adverse position.

Issues

  1. Whether the Industrial Court may declare a co-respondent's witness hostile and permit cross-examination by the other respondent where the co-respondents' interests conflict.

Orders

  • Mr. Isaac Ogwang declared a hostile witness.
  • 1st Respondent granted leave to cross-examine Mr. Ogwang.

Rules and key headnotes

Evidence — Hostile Witness — Declaration by Court — Co-Respondents with Conflicting Interests
Where co-respondents in litigation occupy adversarial positions on a material issue, the court may exercise its discretion to declare a co-respondent's witness hostile and permit cross-examination by the other respondent, notwithstanding that the Evidence Act ordinarily restricts the right to seek such a declaration to the party calling the witness.
Evidence — Cross-Examination — Co-Defendants with Hostile Interests
A defendant may cross-examine a co-defendant or any of the co-defendant's witnesses if the co-defendant's interests are hostile to his own, and the word 'adverse' in the context of cross-examination means going in a contrary direction, counter action, or opposing.
Employment & Labour — Industrial Court — Powers and Jurisdiction — Discretion under LADASA
Section 8(3) of the Labour Disputes (Arbitration and Settlement) Act imbues the Industrial Court with the powers of the High Court in the exercise of its functions, enabling the court to exercise broad discretion in the interests of justice and equity, including in matters of evidence and procedure.
Evidence — Hostile Witness — Definition and Test
A hostile witness is one who is biased against the examining party, unwilling to testify, or identified with an adverse party, and may also be defined as a witness willing to go back upon a previous statement made by him; the declaration of hostility is a matter of the judge's discretion based on comparing the witness's statement with his testimony.

Legislation cited (5)

Cases cited (7)

Full judgment

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

Uganda_Communications_Employees_Union_and_2_Others_v_Uganda_Telecom_Limited_and_Another_(Labour_Claim_26_of_2016)_[2025]_UGIC_16_(10_March_2025)
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.