[2021] UGIC 38
The court determined that the absence of a labour office in Manafwa at the time of the complaint did not preclude the court from hearing the main claim. The respondent's request for leave to appeal on a preliminary point was denied because it would not serve the interests of justice and would unnecessarily delay the...
Source-derived case information.
- Citation
- [2021] UGIC 38
- Parties
- Claimant: Masaba Richard; Respondent: Registered Trustees of Tororo Achidiocese
- Court
- Industrial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Labour Dispute Reference No. 189 of 2015
- Procedural Posture
- Labour Dispute Reference / Ruling on Preliminary Objection
- Outcome
- preliminary objection overruled; case to proceed on merits
- Judges
- Gidongo, Panel Member, Rwomushana, Panel Member, Ruhinda-Ntengye, J, Tumusiime-Mugisha, J, Mugambwa, Panel Member
- Legal Topics
- Jurisdiction of Labour Office, Preliminary Objection, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Masaba Richard
Claimant
Registered Trustees of Tororo Achidiocese
Respondent
Procedural Posture
Labour Dispute Reference / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the absence of a labour office in Manafwa at the time of complaint affects the jurisdiction of the court.
- 2 Whether leave to appeal against a preliminary ruling should be granted.
Ratio Decidendi
The court determined that the absence of a labour office in Manafwa at the time of the complaint did not preclude the court from hearing the main claim. The respondent's request for leave to appeal on a preliminary point was denied because it would not serve the interests of justice and would unnecessarily delay the proceedings. The respondent retains the right to appeal in the main claim and may raise the jurisdictional issue at that stage. The court emphasized the need to avoid prolonging the case backlog by allowing appeals on preliminary points that do not resolve the substantive dispute.
Court Disposition
preliminary objection overruled; case to proceed on merits
Orders
- The respondent's preliminary objection is overruled.
- The case shall proceed to hearing on the main claim.
Full Case Text
Judgment text and source record
19 paragraphs
# **THE REPUBLIC OF UGANDA IN THE INDUSTRIAL COURT OF UGANDA AT KAMPALA LABOUR DISPUTE REFERENCE NO. 189 OF 2015 [ARISING FROM LABOUR COMPLAINT NO. CB/027/2015 - MBALE]**
## **BETWEEN**
**MASABA RICHARD………………………………………………………………………..….. CLAIMANT**
# **VERSUS**
## **REGISTERED TRUSTEES**
**OF TORORO ACHIDIOCESE …………………………….………………………..……RESPONDENT**
## **BEFORE**
- 1. Hon. Chief Judge Ruhinda Asaph Ntengye - 2. Hon. Lady Justice Linda Tumusiime Mugisha
#### **PANELISTS**
- 1. Mr. Rwomushana Reuben Jack - 2. Ms. Mugambwa Harriet Nganzi - 3. Ms. Rose Gidongo
## **RULING**
This court made a ruling in a preliminary objection to the effect that at the time of the complaint there was no labour office in Manafwa. The court looked at all documents especially 008/4 that shows that one Oulma Charles who had been posted to Manafwa had died.
We agree with counsel for the claimant that submissions of counsel for the respondent were intended for the court of appeal and not for leave to appeal against the ruling of the court. This case is a 2015 case in our court system and having ruled on a preliminary point, we do not think it will help the justice of the case to allow an appeal to the court of appeal on a preliminary point of law. The respondent has a right of Appeal in the main claim and will be at liberty to raise the issue in the main appeal. This will have the effect of releasing the matter from our court and therefore reducing on the case back long.
The respondent is overruled and the case shall go on in the main.
#### **Delivered & Signed by:**
| 1. | Hon. Chief Judge Ruhinda Asaph Ntengye | ……………… | |----|-------------------------------------------|--------| | 2. | Hon. Lady Justice Linda Tumusiime Mugisha | ……………… |
## **PANELISTS**
| 1. | Mr. Rwomushana Reuben Jack | ……………… | |----|-----------------------------|--------| | 3. | Ms. Mugambwa Harriet Nganzi | ……………… | | 4. | Ms. Rose Gidongo | ……………… |
Dated: 28/03/2019