[2023] UGIC 72
Upon the Respondent's clear and unambiguous admission of liability for UGX 2,750,000/=, and the Claimant's confirmation that this sum would fully address his claim, the Court is bound to enter judgment for the admitted amount. The Court further exercised its discretion under the Labour Disputes (Arbitration and...
Source-derived case information.
- Citation
- [2023] UGIC 72
- Parties
- Applicant: Ongima Francis Ant; Respondent: New Uganda Securico Ltd
- Court
- Industrial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Labour Dispute Reference 8 of 2021
- Procedural Posture
- Labour Dispute Reference / Award
- Outcome
- Judgment entered for the Claimant for the admitted sum and additional compensation; no costs awarded.
- Judges
- Wabwire Musana, J, Musimbi, Panel Member, Kagoye, Lapenga
- Legal Topics
- Admission of Liability, Compensation Award, Costs in Employment Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ongima Francis Ant
Applicant
New Uganda Securico Ltd
Respondent
Procedural Posture
Labour Dispute Reference / Award
Legal Issues
- 1 Whether the admission by the Respondent entitles the Claimant to judgment for the admitted sum.
- 2 Whether the Claimant is entitled to additional compensation and costs.
Ratio Decidendi
Upon the Respondent's clear and unambiguous admission of liability for UGX 2,750,000/=, and the Claimant's confirmation that this sum would fully address his claim, the Court is bound to enter judgment for the admitted amount. The Court further exercised its discretion under the Labour Disputes (Arbitration and Settlement) Amendment Act, 2020 to award the Claimant an additional UGX 250,000/= as compensation. However, since the Respondent acted to resolve the matter promptly and was not guilty of misconduct, costs were not awarded, and each party was ordered to bear its own costs.
Court Disposition
Judgment entered for the Claimant for the admitted sum and additional compensation; no costs awarded.
Orders
- The Respondent shall pay the Claimant UGX 2,750,000/= on or before 20th March 2023.
- The Claimant is awarded UGX 250,000/= as additional compensation.
Full Case Text
Judgment text and source record
19 paragraphs
## **THE REPUBLIC OF UGANDA IN THE INDUSTRIAL COURT OF UGANDA AT LIRA LABOUR DISPUTE REFERENCE NO. 08 OF 2021** *(Arising from Labour Dispute Ref No. LDLG/009 of2021)*
# **ONGIMA FRANCIS ANT**
#### **VERSUS**
**NEW UGANDA SECURICO LTD:::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENT**
#### **BEFORE:**
THE HON. MR. JUSTICE ANTHONY WABWIRE MUSANA,
#### **PANELISTS:**
- 1. MR. JIMMY MUSIMBI, - 2. MS. ROBINA KAGOYE & - 3. MR. CAN AMOS LAPENGA.
### **AWARD**
**[1]** During the cross-examination of the Claimant, Mr. Jackson Ntwatwa appearing for the Respondent asked the Claimant whether he would have any claim if he were paid UGX 2,750,000/=. The Claimant answered that this would address his claim in full. Mr. Ntwatwa then applied to Court to enterjudgment for the Claimant for UGX 2,750,000/=. Ms. Bridge Kusemerwa did not object to this point. She also asked the Court to grant the Claimant damages.
#### **Award:**
**[2]** Under Order 13 rule 6 of the Civil Procedure Rules S.l 71-1, any party may at any stage of the suit, where an admission of facts has been made, either on the pleadings or otherwise, apply to the court for such judgment or order as upon the admission he or she may be entitled to, without waiting for the determination of any other question between the parties: and the court may upon an application make such order, or give such judgment, as the court may think fit. In the case of **Mwebeiha Amatos vs. A. G [2015] UGHCLD 49 Per** **Bashaija J.** stated, *"It would appear clearly that where the admission offacts is clear and unambiguous, the court ceases to have the discretion whether to enter a judgment or not. It must do so"*
- [3] Upon the admission of Mr. Ntwatwa, Counsel for the Respondent, and confirmation by the Claimant, an award is hereby entered in favour of the Claimant in the sum of UGX 2,750,000/= to be paid on or before the 20th day of March 2023. - **[4] Under Section 8(2a)(d) of the Labour DisputesfArbitration and Settlement) Amendment Act, 2020,** this Court is empowered to make such orders as to costs and other reliefs as the Court may deem fit. Accordingly, we grant the Claimant an award of UGX 250,000/= as additional compensation. - **[5]** Regarding costs, we have held in **LDR 109/2021 Joseph Kalule v GIZ** that in employment disputes, costs may be granted where there is some form of misconduct or the action is frivolous, vexatious, or abusive. We note that the Respondent sought to resolve this matter quickly and is not culpable of any misconduct. Accordingly, we decline to grant the Claimants' costs of the claim. Each party shall bear its costs. It is so ordered.
Delivered in open Court in the presence of:
Ms. Bridge Kusemererwa for the Claimant. The Claimant is in Court.
Mr. Jackson Ntwatwa for the Respondent. The Respondent's Manager Lira, Deborah Ogutu, in Court.
Court Clerk: Mr. Samuel Mukiza.