[2021] UGIC 31
The court found that the error in the party names was the fault of the applicant, not the court. Upon withdrawal of both the application and the main suit, the applicant saved the court's time. However, since the cause was withdrawn, costs cannot be in the cause. The court exercised its discretion to award half the...
Source-derived case information.
- Citation
- [2021] UGIC 31
- Parties
- Applicant: Ensinikweri Denis; Respondent: Reed International Inc.
- Court
- Industrial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Miscellaneous Application No. 78 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application withdrawn; costs awarded
- Judges
- Ruhinda-Ntengye, J, Tumusiime-Mugisha, J, Ebyau, Panel Member, Mubuuke, Panel Member, Mugambwa, Panel Member
- Legal Topics
- Withdrawal of Claim, Costs Award, Labour Officer Reference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ensinikweri Denis
Applicant
Reed International Inc.
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the notice of claim was issued in the correct party names.
- 2 Whether costs should be awarded after withdrawal of the suit and application.
- 3 Who bears responsibility for the error in party names.
Ratio Decidendi
The court found that the error in the party names was the fault of the applicant, not the court. Upon withdrawal of both the application and the main suit, the applicant saved the court's time. However, since the cause was withdrawn, costs cannot be in the cause. The court exercised its discretion to award half the taxed costs of the application to the respondent, balancing the applicant's saving of judicial resources against the need to compensate the respondent for expenses incurred due to the applicant's error.
Court Disposition
application withdrawn; costs awarded
Orders
- The applicant shall pay half the taxed costs of this application to the respondent.
Full Case Text
Judgment text and source record
18 paragraphs
# **THE REPUBLIC OF UGANDA IN THE INDUSTRIAL COURT OF UGANDA AT KAMPALA MISC. APPLN. NO. 078 OF 2021 (ARISING FROM LDR No. 064 OF 2021)**
# **BETWEEN**
**ENSINIKWERI DENIS……………………………………….……………………….……….. APPLICANT**
# **AND**
**REED INTERNATIONAL INC...………………………………………………....……. RESPONDENT**
#### **BEFORE**
- 1. Hon. Chief Judge Ruhinda Ntengye Asaph - 2. Hon. Judge Linda Lillian Tumusiime Mugisha
#### **PANELISTS**
- 1. Mr. Ebyau Fidel - 2. Ms. Harriet Mugambwa Nganzi - 3. Mr. F. X. Mubuuke
## **RULING**
On perusal of the file, we find that the reference of the Labour Officer was in the right names of Reed International Inc.
The Registrar of the court issued a notice of claim in the names of Reed International Insurance after the claimant had filed a Memorandum of Claim in the same wrong names. It was therefore not the fault of the court to issue the notice of claim in the same names. It was entirely the fault of the Claimant/Applicant. We agree with the Respondent that after withdrawal of the original suit, costs cannot be in the cause since the cause is already withdrawn.
However given that the Applicant by withdrawing both application and main suit has saved courts time, he shall pay ½ the taxed costs of this application.
## **DELIVERED & SIGNED BY:**
1. Hon. Chief Judge Ruhinda Asaph Ntengye ……………. 2. Hon. Lady Justice Linda Lillian Tumusiime Mugisha…………….
## **PANELISTS**
1. Mr. Ebyau Fidel …………………………. 2. Ms. Harriet Mugambwa Nganzi …………………………. 3. Mr. F. X. Mubuuke ………………………….
Dated: 02/6/2021