Wakilii

Washington Inima v OilCom Uganda Limited (Labour Dispute Miscellaneous Application 186 of 2021)

Industrial Court · [2023] UGIC 101 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review and setting aside of an award in Labour Dispute Appeal No. 007 of 2015
Decision
Application for review dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court dismissed an application for review of its earlier award in Labour Dispute Appeal No. 007 of 2015. The Court held that the applicant failed to establish any of the grounds for review under Section 17 of the Labour Disputes (Arbitration and Settlement) Act 2006 and Order 46 of the Civil Procedure Rules. The Court found no new and important evidence, no error apparent on the face of the record, and no sufficient cause to warrant review. The applicant's argument that the respondent company required a board resolution to sanction the appeal was rejected as contrary to settled law.

Outcome

Application for review dismissed

Facts

The applicant, Washington Inima, sought to review and set aside an award of the Industrial Court in Labour Dispute Appeal No. 007 of 2015. The applicant argued that the appeal was not sanctioned by the respondent company through a board resolution and was therefore a nullity, that there was an error apparent on the face of the record in that the Court failed to evaluate evidence, and that the award departed from previous cases on similar facts. The respondent opposed the application in written submissions but did not file an affidavit in reply. The Court heard the matter on the basis of written submissions.

Issues

  1. Whether there are sufficient grounds for the review and setting aside of the award in Labour Dispute Appeal No. 007 of 2015.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Review of Judgment — Grounds for Review
Before a court sets aside an award, order or decree on review, it must be satisfied that there has been a discovery of new and important matter of evidence which after the exercise of due diligence was not within the applicant's knowledge or could not be produced at the time the decree was passed or order made, or that there is some mistake or error apparent on the face of the record, or that there is any other sufficient cause.
Civil Procedure — Error Apparent on Face of Record — Definition
An error apparent on the face of the record is an evident error which does not require any extraneous matter to show its incorrectness. It must be an error so manifest and clear that no court would permit such an error to remain on the record. The error may be one of fact or law.
Company Law — Board Resolutions — Requirement for Commencing Legal Action
A board resolution is not a prerequisite to commencing legal action in Uganda. A company does not require a board resolution to sanction the filing of an appeal or other legal proceedings.
Civil Procedure — Review versus Appeal — Distinction
The purpose of a review concerns itself with self-evident errors or omissions on the part of the court which are apparent on the face of the record. A failure to evaluate evidence forms a ground of appeal rather than a ground for review.

Legislation cited (5)

Cases cited (12)

  • DFCU Bank Ltd v Geofrey Muwanga (High Court Miscellaneous Application No. 240 of 2018)
  • Rubaga Building Company Ltd v Gopal Devsi Vekaria & Anor (High Court Civil Suit No. 0534 of 2014)
  • Mubiru Martin v Uganda Red Cross Society (Labour Dispute Appeal No. 28 of 2018)
  • Edison Kanyabwera v Pastori Tumwebaze (Supreme Court Civil Appeal No. 6 of 2004)
  • Mugisha Rogers v Equity Bank (U) Ltd (Miscellaneous Application No. 70 of 2019)
  • MK Creditors v Owora Patrick (High Court Miscellaneous Application No. 143 of 2015)
  • Hyamogo & Nyamogo Advocates v Kago [2001] E.A. 173
  • Emmanuel Kato v Muyanja Mbabali (Court of Appeal Civil Application No. 345 of 2018)
  • FX Mubuuke v UEB (High Court Miscellaneous Application No. 98 of 2005)
  • Joyce L. Kusulakweguya v Haider Somani & Another (High Court Miscellaneous Application No. 40 of 2007)
  • Kalokola Kaloli v Nduga Robert (High Court Miscellaneous Application No. 497 of 2014)
  • Moneylenders Association of Uganda Limited & MK Financiers Limited v Uganda Registration Services Bureau (High Court Miscellaneous Application No. 001 of 2019)

Full judgment

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

Washington_Inima_v_OilCom_Uganda_Limited_(Labour_Dispute_Miscellaneous_Application_186_of_2021)_[2023]_UGIC_101_(6_February_2023)
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.