Wakilii

Wasswa v C and A Tours and travel operators Limited (Labour Dispute Reference 193 of 2019)

Industrial Court · [2024] UGIC 43 · 2024 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Registrar's order dismissing execution application on grounds of res judicata
Decision
Appeal dismissed; misnomer in original decree deemed corrected to bring finality to proceedings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court dismissed the appeal, holding that the matter was res judicata. The confusion between 'C & A Tours and Travel Operators Ltd' and 'C & A Tours and Travel Operations Ltd' was a correctable misnomer, not a reference to a different entity. The Applicant should have sought review to correct the error in the original Industrial Court decree rather than commencing fresh proceedings before a labour officer. The Court invoked Article 126(2)(e) of the Constitution and Section 37 of the Judicature Act to deem the name corrected, bringing finality to the multiplicity of proceedings.

Outcome

Appeal dismissed; misnomer in original decree deemed corrected to bring finality to proceedings

Facts

In June 2007, the Respondent employed the Applicant as a chauffeur. In 2014, the Applicant filed a labour complaint (No. 151 of 2014) against C & A Tours and Travel Operators Ltd for unpaid salary, leave, and social security contributions. The matter was referred to the Industrial Court as LDR 175 of 2015, but the Respondent was incorrectly named as 'C & A Tours and Travel Operations Ltd' in the memorandum of claim. The Industrial Court awarded the Applicant UGX 15,253,000. During execution (LDMA 50 of 2017), the Respondent objected, presenting a certificate of incorporation showing its correct name as 'C & A Tours and Travel Operators Ltd'. The Registrar discharged the Respondent. The Applicant then returned to the labour officer, obtained a fresh exparte award against the correctly named Respondent for UGX 12,746,800, and filed a new execution application (LDMA 49 of 2018). The Registrar dismissed this as res judicata and an abuse of process. The Applicant appealed.

Issues

  1. Whether the Registrar erred in holding that Miscellaneous Application No. 049 of 2018 was res judicata.
  2. Whether the misspelling in the name of the Respondent could be resolved through review or constituted a reference to a different legal entity.
  3. Whether the error in the Respondent's name was caused by Counsel for the Applicant.

Orders

  • The appeal fails on all grounds.
  • The Respondent named C & A Tours and Travel Operations Ltd in LDR 175 of 2015 is hereby deemed corrected to read C & A Tours and Travel Operators Ltd.
  • Neither party will be burdened by the other's costs.

Rules and key headnotes

Res Judicata — Application of Section 7 Civil Procedure Act — Same Parties and Subject Matter
No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, litigating under the same title, in a court competent to try the subsequent suit, and has been heard and finally decided by that court.
Misnomer — Correctable Error — Distinction from Non-Existent Party
A misnomer occurs when the identity of the person is certain but the name is incorrectly written. The test is whether a reasonable person reading the name in all circumstances may say 'Of course, it must mean so and so, but they have got the name wrong'. A misnomer is a correctable error and does not render proceedings void.
Correction of Misnomer — Proper Procedure — Review Not Fresh Proceedings
Where a party's name has been misspelled in a decree due to a misnomer, the proper procedure is to seek review or correction of the decree under the slip rule, not to commence fresh proceedings before a lower tribunal. Commencing fresh proceedings on the same cause of action constitutes an abuse of process and is barred by res judicata.
Court's Inherent Powers — Section 37 Judicature Act — Finality and Avoidance of Multiplicity
Section 37 of the Judicature Act empowers the High Court (and by extension the Industrial Court under Section 8(3) of the Labour Disputes Act) to grant all such remedies as a party is entitled to so that all matters of controversy may be completely and finally determined and all multiplicities of proceedings be avoided. The court may invoke this power together with Article 126(2)(e) of the Constitution to correct a misnomer and bring litigation to finality.
Industrial Court — Jurisdiction and Powers — Equivalent to High Court
The Industrial Court of Uganda is one of the Courts of Judicature under Article 129 of the Constitution, is a subordinate court with concurrent jurisdiction with the High Court, and has an appellate hierarchy equal to the High Court. Section 8(3) of the Labour Disputes (Arbitration and Settlement) Act imbues the Industrial Court with the powers of the High Court in performing its functions.

Legislation cited (9)

Cases cited (10)

Full judgment

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Wasswa_v_C_and_A_Tours_and_travel_operators_Limited_(Labour_Dispute_Reference_193_of_2019)_[2024]_UGIC_43_(24_September_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.