[1992] UGHC 78
The court found that the applicant was duly authorised by 80 other former employees to represent them in a suit against Uganda Airlines Corporation for redundancy benefits. The affidavit evidence and submissions demonstrated that the employees were declared redundant and had not received their entitled benefits. The...
Source-derived case information.
- Citation
- [1992] UGHC 78
- Parties
- Applicant: John W. K. Lujiiwi; Respondent: Uganda Airlines Corporation
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application 9 of 1992
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application_granted
- Judges
- Kireju, J
- Legal Topics
- Representative Action, Redundancy Benefits, Employee Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John W. K. Lujiiwi
Applicant
Uganda Airlines Corporation
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant should be permitted to bring a representative action on behalf of 80 other former employees against the respondent for redundancy benefits.
- 2 Whether the application complies with Order 1 Rule 8 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the applicant was duly authorised by 80 other former employees to represent them in a suit against Uganda Airlines Corporation for redundancy benefits. The affidavit evidence and submissions demonstrated that the employees were declared redundant and had not received their entitled benefits. The application satisfied the requirements of Order 1 Rule 8 of the Civil Procedure Rules, which allows for representative actions where persons have the same interest in the suit. Accordingly, the court permitted the applicant to bring a representative action on behalf of the other employees, ensuring judicial efficiency and protection of the employees' rights.
Court Disposition
application_granted
Orders
- The applicant, John W. K. Lujiiwi, is permitted to bring a representative action on behalf of the other 80 employees against Uganda Airlines Corporation.
- Costs of the application will be in the cause.
Full Case Text
Judgment text and source record
17 paragraphs
## TflE REPUBLIC OF UGANDA
## IN THE HIGH COURT OF UGANDA AT KAMPALA
## MISC. APPLICATION NG. 9 OF 1992
JOHN W. K. LUJIIWI APPLICANT
## VERSUS
UGANDA AIRLINES CORPORATION RESPONDENT. BEFORE: The I-Ionourable Mrs. Ag« Justice M. Kireju RULING.
When this application (came up for hearing, counsel for the applicant made an application to proceed exparte.. On the ground that the respondent was served. After satisfying myself that service was effected on the respondent/defendant I allowed the application to proceed exparte.
This is an application by way of chamber summons under order <sup>1</sup> rules 8 and 22 of the Civil Procedure Rules in which the applicant seeks for an order that a representative action The application is supported by an affidavit of the applicant, John-W. K. Luwiiwi dated 11/2/92. on behalf of other 80 plaintiffs be granted by the court.
Mrs. Musoke, counsel for the applicant when presenting the application submitted that, the applicant was a former employee of the Uganda Airlines Corporation?and was authorised by the 80 other former employees to represent them in the intended suit against the Corporation. The applicant in his affidavit deponed that the Uganda Airlines Corporation declared 81 employees redundant to receive specific redundancy benefits within a reasonable period of time. The applicant states that to-\*date. the respondent has failed or negligeeted to pay the said and as per letter from the Corporation, the employees were on the 1st day of August, 199^
'
/2
benefits*•* The applicant brings this application for behalf of the 80 former employees of the respondent corporation, so that they can all proceed against the respondent to pay them redundancy benefits\* Counsel in conclusion submitted that this application was in conformity with Or. <sup>1</sup> r\* 8 of C. P. R and should therefore be granted and the costs of the application be in the cause • representative action on
After hearing the submission by the applicant's counsel and perusing the affidavit in support of the application and after considering the provisions of Or ♦'I I am convinced that this is action should be permitted. I therefore order that the applicant John V/. K. Luvziiwi is allowed to bring a representative action on behalf of the.other 80 employees r.8 of C. P. R a case where representative were made redundant by the respondent company.
The costs of this application will be in the cause\*
c M. KiREJW
Ag> JU <sup>D</sup> <sup>G</sup> E. 25/3/92
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